UC-NRLF 


LB 


O 


THE 


GENERAL  SCHOOL  LAWS 


OF 


MICHIGAN 


COMPILED  AT  THE  OFFICE  OF  THE 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


1895 


15Y   AUTHORI-V 


LANSING 

ROBERT  SMITH  &  CO.,  STATE  PRINTERS  AND  BINDERS 
1895 


LIBRARY 

OF  THK 

UNIVERSITY  OF  CALIFORNIA. 

(  i  I  R'T  (  )  K 


Received  ,  790     . 

Accession  No.       827.44    .    Class  No.  _ 


THE 


GENERAL  SCHOOL  LAWS 


MICHIGAN 


WITH 


COMPILED  AT  THE  OFFICE  OF  THE 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


1895 


BY  AUTHORITY 


LANSING 

ROBERT  SMITH  &  CO.,  STATE  PRINTERS  AND'BINDERS 
1895 


THIS  VOLUME  IS  STATE  PROPERTY. 


School  officers,  on  retiring  from  office,  are  required  by  law  to  deliver  this  book 
with  all  other  books  and  documents  of  an  official  character,  to  their  successors  in 
office.— See  HowelVs  Annotated  Statutes,  Chapter  295. 


CONTENTS. 


CONSTITUTIONAL  PROVISIONS. 

Page 

Article  VIII.— State  officers,                                                                                    .  6 

Article  XIII.— Education,       .  .       7 

STATUTORY  PROVISIONS. 

Chapter  I.— Superintendent  of  Public  Instruction,  10 

Chapter  II. — Formation,  Alteration,  Meetings  and  Powers  of  Districts,     -  .      12 

Chapter  III.— District  Board  and  Officers,  19 

Chapter  IV.— Township  Officers,  _      28 

Chapter  V.— County  Clerk  and  Treasurer,            .  34 

Chapter  VI.— Bonded  Indebtedness  of  Districts,      ,  34 

Chapter  VII. — Suits  and  Judgments  against  Districts,  36 

Chapter  VIII.— Sites  for  Schoolhouses,  .      37 

Chapter  IX. — Appeals  from  Action  of  Inspectors,  42 

Chapter  X.— Graded  School  Districts,  .      43 

Chapter  XI.— Libraries,     .  46 

Chapter  XII.— Examination  of  Teachers  and  Supervision  of  Schools,  .      49 

Chapter  XIII.— Penalties  and  Liabilities,  56 

Chapter  XIV.— Election  of  School  Inspectors,  58 

Chapter  XV.— Teachers'  Institutes,  59 

Chapter  XVI.— Normal  School  Diplomas  and  Certificates,  62 

Chapter  XVII.— State  Certificates  to  Teachers,  63 

Chapter  XVIII.— Teachers'  Associations,      .  .      63 

Chapter  XIX.— Safe  Keeping  of  Public  Moneys,  64 

Chapter  XX.— Compulsory  Education  of  Children,  -      65 

Chapter  XXIII.— To  Prevent  Crime  and  Punish  Truancy,  68 

Chapter  XXIV.— Free  Text-books,      .  69 

Chapter  XXV.— Organization  of  Township  Districts,      _  71 

Chapter  XXVI.— Introduction  of  the  Kindergarten,  -      76 

Chapter  XXVII.— University  Diplomas  and  Certificates,  77 

Chapter  XXVIII.— College  Diplomas  and  Certificates,  78 

Chapter  XXIX.— Teaching  Prevention  of  Disease,  79 

Chapter  XXX. — Examination  for  Admission  to  Agricultural  College,  _      79 

82744 


4  CONTENTS. 

Page 

Chapter  XXXI.— Purchase  of  United  States  Flags,  80 

NOTE. — Apportionment  of  Surplus  Dog-Tax  to  Districts,  .                                     .      80 

APPENDIXES. 

Appendix  A. — Digest  of  Decisions  of  the  Supreme  Court,  82 

Appendix  B. — Forms  for  Proceedings,  .    101 

Appendix  C. — Rules  for  Libraries,  113 


INTRODUCTORY. 


Heretofore  it  has  been  the  custom  to  publish  an  edition  of  the  general 
school  laws  every  fourth  year,  but  the  demand  this  year  for  a  complete 
compilation  which  shall  contain  all  the  new  school  laws  enacted  and 
amendments  made  by  the  legislature  of  1895,  seems  to  warrant  the  issuing 
of  an  edition  this  year,  In  preparing  it  the  arrangement  in  the  edition 
of  1893  has  been  retained  as  far  as  practicable,  in  order  that  references  to 
each  edition  may  correspond  as  to  chapter  and  section.  This  arrange- 
ment is  followed  strictly  to  chapter  XX,  which  chapter  is  the  new  law  for 
the  compulsory  education  of  children.  But  this  law  takes  the  place  of 
chapters  XX,  XXI,  and  XXII  of  the  school  laws  of  1893,  and  appears  here 
as  chapters  XX,  while  the  next  chapter  is  number  XXIII.  Therefore  the 
five  chapters  following  chapter  XX  bear  the  same  number  as  in  the  edition 
of  1893,  the  numbers  of  these  chapters  in  the  two  editions  thus  remaining 
the  same.  Chapters  XXIX,  XXX,  and  XXXI  are  new  laws  which  have 
taken  effect  during  the  year  1895.  I  desire  to  call  the  attention  of  school 
officers  to  all  of  the  changes  and  additions  made  by  the  last  legislature, 
and  refer  to  them  in  their  order  as  published  in  the  book. 

1.  Amendment  to  section  17,  page  16 — qualifications  of  voters  at  school 

meetings. 

2.  Amendment  to  section  18,  page  16— oath  required  of  challenged 

voter. 

3.  Amendment  to  the  eleventh  paragraph  of  section  27,  page  18 — min- 

imum number  of  months  in  school  year  raised  from  three  to  five. 

4.  Amendment  to  section  19,  page  24 — regulating  the  rate  of  tuition  of 

non-resident  pupils,  and  providing  for  the  admission  to  school  of 
children  cared  for  at  county  houses. 

5.  Amendment  to  the  sixth  paragraph  of  section  21,  page  25 — defining 

what  are  necessary  appendages  to  a  schoolhouse. 
l>.     Section  20,  page  33— repealed  by  the  tax  law  of  1893. 


6  INTRODUCTORY. 

7.  Amendment  to  section  11,  page  48 — proviso  omitted. 

8.  Amendments  to  sections  1,  3,  4,  5,  11,  and  13,  of  chapter  12— edu- 

cational qualification  of  examiner,  fixing  dates  for  public  exam- 
ination of  teachers,  citizenship  qualification  of  teachers,  and 
qualification  of  city  teachers. 

9.  Amendment   to   section  15,    page  63 — indorsement   of   certificates 

granted  in  other  states. 

10.  Chapter  XX — new  law  for  the  compulsory  education  of  children. 

11.  Amendment  to  section  1,  page  68 — truancy. 

12.  Chapter  XXIX — new  law  for  teaching  prevention  of  contagious 

diseases. 

13.  Chapter  XXX — new  law  providing  for  examination  for  admission  to 

the  Agricultural  College. 

14.  Chapter    XXXT — new  law    authorizing   the   purchase   of   United 

States  flags. 

The  digest  of  Supreme  Court  decisions  embodied  in  appendix  "A"  has 
been  .brought  up  to  date  and  the  index  carefully  revised. 

HENRY  R.  PATTENGILL, 
Superintendent  of  Public  Instruction. 


GENERAL 


SCHOOL    LAWS    OF    MICHIGAN. 


CONSTITUTIONAL    PROVISIONS. 


ARTICLE    VIII. 


STATE  OFFICERS. 

IECTION  1.     There   shall   be   elected  at  each  biennial  elec- state  officers  to 
tion,    a    Secretary    of    State,    a    Superintendent    of    Public  *• elected- 
Instruction,  a   State   Treasurer,   Commissioner   of  the   Land 
Office,    an   Auditor   General,    and   an   Attorney   General,  for 
the   term   of   two   years.     They   shall   keep   their    offices    at  where  to  keep 
the  seat   of    government,   and   shall   perform    such   duties   as offloes- 
may   be   prescribed    by   law. 

SEC.  2.     Their   term    of    office    shall    commence    on    the  Term  of  office, 
first  day  of  January,  one  thousand  eight  hundred  and  fifty- 
three,  and   of   every   second   year   thereafter. 

^  SEC.  3.     Whenever  a  vacancy   shall   occur  in   any   of   the  vacancy,  how 
State   offices,   the   Governor   shall   fill   the   same  by  appoint- " 
ment,  by  and  with   the   advice   and   consent   of  the   Senate, 
if  in   session. 


filled. 


ARTICLE    XIII. 


EDUCATION. 

SECTION  1.  The  Superintendent  of  Pubilc  Instruction  Duties  of  super- 
shall  have  the  general  supervision  of  public  instruction,  SSSffSSoo. 
and  his  duties  shall  be  prescribed  by  law.  tlon- 

SEC.   2.  The   proceeds   from   the  sales    of    all    lands    that  school  fund. 
have    been    or    hereafter    may    be    granted   by    the   United 
States   to   the   State   for   educational   purposes,  and  the  pro- 
ceeds  of   all   lands   or   other   property   given  by    individuals 


GENERAL  SCHOOL  LAWS. 


or  appropriated  by  the  State  for  like  purposes,  shall  be 
and  remain  a  perpetual  fund,  the  interest  and  income  of 
which,  together  with  the  rents  of  all  such  lands  as  may 
remain  unsold,  shall  be  inviolably  appropriated  and  annu- 
ally applied  to  the  specific  objects  of  the  original  gift, 
grant,  or  appropriation. 

SEC.  3.  All  lands,  the  titles  to  which  shall  fail  from  a 
defect  of  heirs,  shall  escheat  to  the  State;  and  the  inter- 
est on  the  clear  proceeds  from  the  sales  thereof  shall  be 
appropriated  exclusively  to  the  support  of  primary  schools. 

SEC.  4.  The  Legislature  shall,  within  five  years  from 
the  adoption  of  this  constitution,  provide  for  and  estab- 
lish a  system  of  primary  schools,  whereby  a  school  shall 
be  kept  without  charge  for  tuition,  at  least  three  months 
in  each  year,  in  every  school  district  in  the  State;  and 
all  instruction  in  said  schools  shall  be  conducted  in  the 
English  language. 

SEC.  5.  A  school  shall  be  maintained  in  each  school 
district  at  least  three  months  in  each  year.  Any  school 
district  neglecting  to  maintain  such  school  shall  be 
deprived  for  the  ensuing  year  of  its  porportion  of  the 
income  of  the  primary  school  fund,  and  of  all  funds  aris- 
ing from  taxes  for  the  support  of  schools. 

SEO.  6.  There  shall  be  elected  in  the  year  eighteen 
hundred  and  sixty-three,  at  the  time  of  the  election  of  a 
Justice  of  the  Supreme  Court,  eight  Eegents  of  the  Uni- 
versity, two  of  whom  shall  hold  their  office  for  two  years, 
two  for  four  years,  two  for  six  years,  and  two  for  eight 
years.  They  shall  enter  upon  the  duties  of  their  office 
on  the  first  of  January  next  succeeding  their  election.  At 
every  regular  election  of  a  Justice  of  the  Supreme  Court 
thereafter,  there  shall  be  elected  two  Kegents,  whose  terms 
of  office  shall  be  eight  years.  When  a  vacancy  shall  occur 
in  the  office  of  Regent,  it  shall  be  filled  by  appointment 
of  the  Governor.  The  Eegents  thus  elected  shall  consti- 
tute .  the  Board  of  Regents  of  the  University  of  Michigan. 

SEC.  7.  The  Regents  of  the  University,  and  their  suc- 
cessors in  office,  shall  continue  to  constitute  the  body 
corporate  known  by  the  name  and  title  of  "The  Regents 
of  the  University  of  Michigan." 

SEC.  8.  The  Regents  of  the  University  shall,  at  their 
first  annual  meeting,  or  as  soon  thereafter  as  may  be, 
elect  a  president  of  the  University,  who  shall  be  ex  officio 
a  member  of  their  board,  with  the  privilege  of  speaking, 
but  not  of  voting.  He  shall  preside  at  the  meetings  of 
the  Regents,  and  be  the  principal  executive  officer  of  the 
University.  The  Board  of  Regents  shall  have  the  general 
supervision  of  the  University,  and  the  direction  and  con- 
trol of  all  expenditures  from  the  University  interest  fund. 

SEC.  9.  There  shall  be  elected  at  the  general  election 
in  the  year  one  thousand  eight  hundred  and  fifty-two, 


Escheats. 


Free  schools. 


Instruction  con- 
ducted in  Eng- 
lish language. 


District  schools. 


When  deprived 
of  public  money, 


Election  of 
Kegents  of  the 
University. 


Vacancy,  how 
filled. 


Kegents  a  body 
corporate. 


President  of  the 
University, 


University 
interest  fund. 


State  Board  of 
Education. 


The  minimum  number  of  months  to  be  taught  was  raised  to  five  months  by  Legislature 
of  1895.    See  Act  No.  15,  Laws  of  1895— •[  11,  Compiler's  section  No.  27. 


GENERAL  SCHOOL  LA1 


three   members   of   a   State   Board    of    Education;    one    for 

two   years,  one   for   four   years,   and   one   for   six  years;  and 

at   each   succeeding   biennial   election  there  shall  be   elected 

one   member   of   such    board,   who   shall   hold   his   office   for 

six   years.     The    Superintendent   of  Public  Instruction  shall  superintendent 

be   c.r  officio  a   member   and   secretary   of   such   board.    The  SfruSion  ?" 

board    shall    have    the    general    supervision    of    the    State  memb«r. 

Normal   School,  and   their    duties    shall    be    prescribed    by  care  of  normal 

law. 

SEC.   10.     Institutions  for  the  benefit  of  those  inhabitants  Asylums. 
who  are  deaf,  dumb,  blind,    or   insane,  shall  always  be  fos- 
tered  and   supported. 

SEC.  11.  The  Legislature  shall  encourage  the  promotion  Agricultural 
of  intellectual,  scientific,  and  agricultural  improvement;  and  8Chool> 
shall,  as  soon  as  practicable,  provide  for  the  establishment 
of  an  agricultural  school.  The  Legislature  may  appropri- 
ate the  twenty-two  sections  of  salt  spring  lands  now 
unappropriated,  or  the  money  arising  from  the  sale  of 
the  same,  where  such  lands  have  been  already  sold,  and 
any  land  which  may  hereafter  be  granted  or  appropriated 
for  such  purpose,  for  the  support  and  maintenance  of  such 
school,  and  may  make  the  same  a  branch  of  the  Univer- 
sity, for  instruction  in  agriculture  and  the  natural  sciences 
connected  therewith,  and  place  the  same  under  the  super- 
vision of  the  Regents  of  the  University. 

SEC.   12.     The    Legislature    shall     also     provide    for    the  Libraries, 
establishment    of    at    least    one    library    in   each   township 
and   city ;  and   all   fines   assessed    and   collected   in   the   sev-  penai  fines  to 
eral   counties   and    townships   for   any   breach    of   the   penal 
laws,    shall   be   exclusively    applied   to   the   support   of   such 
libraries,   unless   otherwise   ordered    by   the   township   board 
of   any   township   or   the   board    of   education    of    any   city: 
Provided,    That    in    no   case   shall   such   fines   be   used   for  proviso, 
other   than   library   or   school   purposes. 


ARTICLE  XIV. 

FINANCE  AND   TAXATION. 

SECTION  1.    All  specific  State  taxes,  except  those  received  specific  taxes, 
from    the   mining   companies   of   the   upper  peninsula,   shall 
be   applied  in  paying  the  interest  upon  the  primary  school, 
university,    and   other   educational    funds,    and    the    interest 
and  principal  of  the  State  debt,  in  the  order  herein  recited, 
until   the    extinguishment    of   the    State    debt,    other    than 
the   amounts  due   to   educational   funds,   when  such   specific 
taxes   shall   be   added   to  and   constitute   a   part   of   the  pri- 
mary  school   interest   fund.     The    Legislature   shall   provide  Tax  for  state 
for   an   annual   tax,  sufficient   with    other   resources,    to    pay  expense8- 
the  estimated  expenses  of  the    State   government,   the   inter- 
est  of  the   State   debt,  and    such    deficiency   as   may   occur 
in   the   resources. 


10 


GENERAL  SCHOOL  LAWS. 


STATUTORY    PROVISIONS. 


Act  No.  164,  Laws  of  1881,  ae  amended  by  Session  Laws  of  1883-85-87-  89-93-95. 


CHAPTER  I. 


THE  SUPERINTENDENT   OF   PUBLIC  INSTRUCTION. 


powers  and 


report. 


Contents  of. 


(§1.)  SECTION  1.  The  People  of  the  State  of  Michigan 
enact,  That  the  Superintendent  of  Public  Instruction  shall 
have  general  supervision  of  public  instruction  and  of  all 
State  institutions,  other  than  the  University,  that  are  essen- 
tially educational  in  their  character;  and  it  shall  be  his 
duty  among  other  things,  to  visit  the  University,  the  Agri- 
cultural College,  the  Institution  for  the  Deaf  and  Dumb, 
the  School  for  the  Blind,  the  Industrial  School  for  Boys, 
the  Industrial  School  for  Girls,  and  the  Public  School  for 
Dependent  and  Neglected  Children,  and  to  meet  with  the 
governing  boards  of  each  of  said  institutions  at  last  once 
TO  mate  annual  in  each  year.  He  shall  also  prepare  annually  and  trans- 
mit to  the  Governor,  to  be  by  him  transmitted  to  the 
Legislature  at  each  biennial  session  thereof,  a  report  con- 
taining : 

First,  A  statement  of  the  condition  of  the  University 
and  of  each  of  the  several  State  educational  institutions. 
all  incorporated  institutions  of  learning,  and  the  primary, 
graded,  and  high  schools; 

Second,  Estimates  and  amounts  of  expenditures  of  all 
educational  funds; 

Third,  Plans  for  the  management  of  all  educational 
funds,  and  for  the  better  organization  of  the  educational 
system,  if  in  his  opinion  the  same  be  required; 

Fourth,  The  annual  reports  and  accompanying  docu- 
ments, so  far  as  he  shall  deem  the  same  of  sufficient 
public  interest,  of  all  State  institutions  of  educational 
character; 

Fifth,  Abstracts  of  the  annual  reports  of  the  school 
inspectors  of  the  several  townships  and  cities  of  the  State. 

Sixth,  All  such  other  matter  relating  to  his  office  and 
the  subject  of  education  generally,  as  he  shall  deem  expe- 
dient to  communicate. 

(§2.)  SEC.  2.  He  may  appoint  a  deputy  superintendent 
of  public  instruction  and  revoke  such  appointment  in  his 
discretion,  and  such  deputy  shall  take  the  constitutional 
oath  of  office  which,  with  his  appointment,  shall  be  filed 
with  the  Secretary  of  State.  Said  deputy  may  execute 
the  duties  of  the  office  in  case  of  a  vacancy  or  the 
absence  of  the  Superintendent. 

(§3.)  SEC.  3.  The  Superintendent  of  Public  Instruction 
shall  compile  and  cause  to  be  printed  all  general  laws 


Deputy  Super- 
intendent. 


Duties  of. 


GENERAL  SCHOOL  LA 


relating   to   schools,   together   with    all  necessary  forms,   reg-  school  laws  to 
illations,    and    instructions    for    conducting    all    proceedings  ^Siedewi?hd 
under  said   laws,    or   relative   to   the   organization    and   gov-  forms,  etc. 
ernment    of    the    schools,    including    rules    and   regulations 
for  the  management  of  township   and   district   libraries,   and 
shall   transmit   the   same   to    the    several    officers    entrusted 
with    the   care   and    management   of   said   schools. 

(§4.)  SEC.  4.    He  shall  semi-annually,  on  receiving  notice  Apportionment 
from    the    Auditor    General    of    the    amounts   thereof,  and  schfffund, 
between   the   first   and   tenth   days   of    May   and   November,  etc- 
apportion     the    primary    school    interest    fund    among    the 
several  townships  and  cities  of   the   State,  in   proportion    to 
the   number  of   children   in   each   between   the   ages  of  five  see  APP.  A,  154. 
and  twenty  years,   as  the  same  shall  appear   by   the   reports 
of   the  several   boards   of  school    inspectors    made    to    him 
for    the    school    year   closing   prior  to   the  May   apportion- 
ment,   and   shall   prepare    a    statement    of    the    amount    in 
the    aggregate    payable    to    each    county,  and   shall  deliver 
the   same    to    the    Auditor    General,    who    shall    thereupon 
draw   his   warrant   upon   the    State    Treasurer    in    favor    of 
the    treasurer    of    each    county   for   the   amount   payable   to 
each    county.     He   shall   also   send    written    notices    to    the  Notice  to 
clerks   of   the   several   counties   of  the  amount  in  the  aggre- 
gate   to   be   disbursed   in   their   respective  counties,  and  the 
amount  payable  to  the  townships  and  cities  therein  respect- 
ively. 

(§5.)  SEC.  5.  Whenever  the  returns  from  any  county,  proceedings  m 
township,  city,  or  district,  upon  which  a  statement  of  the 
amount  to  be  disbursed  or  paid  to  any  such  county,  town- 
ship, city,  or  district  shall  be  so  far  defective  as  to  ren- 
der it  impracticable  to  ascertain  the  share  of  primary 
school  interest  fund  which  ought  to  be  disbursed  or  paid 
to  such  county,  township,  city,  or  district,  he  shall  ascer- 
tain by  the  best  evidence  in  his  power  the  facts  upon  which 
the  ratio  of  such  apportionment  shall  depend,  and  shall 
make  the  apportionment  accordingly. 

(§6.)  SEC.  6.     Whenever   any    county,    township,    city,    or  when  deficiency 
district,    through    failure    or    error    in    making    the   proper  Sfned^he^ext 
report,  shall  fail  to  receive  its  share  of   the   primary   school  year- 
interest   fund,    the    Superintendent    of    Public    Instruction, 
upon  satisfactory  proof  that  said  county,   township,   city,   or 
district   was  justly    entitled    to    the    same,    shall    apportion 
such   deficiency    in    his   next   apportionment;  and   whenever 
it  shall   appear   to   the    satisfaction   of  said   Superintendent 
that   any   district   has   had   three   months'  school,  but  failed 
to   have   the   full   time   of   school   required   by  law,   through 
no   fault   or  negligence   of  the   district    or    its    officers,    he 
may    include    such    district    in    his    apportionment   of   the 
primary   school   interest   fund    in   his   discretion. 

(§7.)  SEC.   7.     The  Superintendent   of   Public   Instruction  other  duties  of 
shall   perform  such  other  duties  as  are  or  shall  be  required  Sl 
of  him  by  law,  and  at  the  expiration    of   his   term    of   office 
deliver    to    his    successor    all    property,    books,    documents, 


12 


GENERAL  SCHOOL  LAWS. 


maps,  records,  reports,  and  all  other  papers  belonging  to 
his  office  or  which  may  have  been  received  by  him  for 
the  use  of  his  office. 


Inspectors  to 
form  districts. 


May  alter 
boundar- 
ies of. 

See  App.  A, 

148. 


Township  clerk 
to  deliver  notice 
of  formation  to 
inhabitant. 

See  App.  B, 
forms  1,  2,  3. 


Inhabitant  to 
serve  notice  of 
first  meeting. 


See  §  139. 


Keturn  of 
notice. 


Notice  and 
return  to  be 
recorded. 


Proceedings  in 
case  of  failure 
to  organize 
district. 


Formation  of 

fractional 

districts. 


CHAPTER   II. 

FORMATION,  ALTERATION,  MEETINGS,  AND   POWERS   OF   DISTRICTS. 

(§8.)  SECTION  1.  The  township  board  of  school  inspect- 
ors shall  divide  the  township  into  such  number  of  school 
district  as  may  from  time  to  time  be  necessary,  which  dis- 
tricts they  shall  number;  and  they  may  regulate  and  alter 
the  boundaries  of  the  same  as  circumstances  shall  render 
proper,  subject  to  the  provisions  hereinafter  made:  but  no 
district  shall  contain  more  than  nine  sections  of  land,  and 
each  district  shall  be  composed  of  contiguous  territory 
and  be  in  as  compact  a  form  as  may  be. 

(§9.)  SEC.  2.  Whenever  the  board  of  school  inspectors 
of  any  township  shall  form  a  school  district  therein,  it 
shall  be  the  duty  of  the  clerk  of  such  board  to  deliver 
to  a  taxable  inhabitant  of  such  district  a  notice  in  writ- 
ing of  the  formation  of  such  district,  describing  its  bound- 
aries, and  specifying  the  time  and  place  of  the  first  meet- 
ing, which  notice,  with  the  fact  of  such  delivery,  shall  be 
entered  upon  record  by  the  clerk.  The  said  notice  shall 
also  direct  such  inhabitant  to  notify  every  qualified  voter 
of  such  district,  either  personally  or  by  leaving  a  written 
notice  at  his  place  of  residence,  of  the  time  and  place  of 
said  meeting,  at  least  five  days  before  the  time  appointed 
therefor;  and  it  shall  be  the  duty  of  such  inhabitant  to 
notify  the  qualified  voters  of  said  district  accordingly,  and 
said  inhabitant,  when  he  shall  have  notified  the  qualified 
voters  as  required  by  such  notice,  shall  endorse  thereon 
a  return  showing  such  notification  with  the  date  or  dates 
thereof,  and  deliver  such  notice  and  return  to  the  chair- 
man of  the  meeting,  to  be  by  him  delivered  to  the 
director  chosen  at  such  meeting,  and  by  said  director 
recorded  at  length  as  a  part  of  the  records  of  such  district. 

(§10.)  SEC.  3.  In  case  the  inhabitants  of  any  district 
shall  fail  to  organize  the  same  in  pursuance  of  such 
notice  as  aforesaid,  the  said  clerk  shall  give  a  new  notice 
in  the  manner  hereinbefore  provided,  and  the  same  pro- 
ceedings shall  be  had  thereon  as  if  no  previous  notice  had 
been  delivered. 

(§11.)  SEC.  4.  Whenever  it  shall  be  necessary  or  con- 
venient to  form  a  district  from  two  or  more  adjoining  town- 
ships, the  inspectors,  or  a  majority  of  them,  of  each  of 
such  adjoining  townships,  may  form  such  district,  to  be 
designated  as  a  fractional  district,  and  direct  which  town- 
ship clerk  shall  make  and  deliver  the  notice  of  the  forma- 
tion of  the  same  to  a  taxable  inhabitant  thereof,  and  may 
regulate  and  alter  such  district  as  circumstances  may  ren- 


GENERAL  SCHOOL  LAWS.  13 

der   necessary   in    the  same   manner  that   other  districts   are 
altered.     The   annual   reports   of   the   director   of    such    dis-  TO  whom  ai- 
trict   shall   be   made   to   the    inspectors   of   the   township   in 
which    the   schoolhouse  may  be  situated,   and  the  inspectors 
of   such   township   shall   number   said   district. 

(§12.)     SEC.    5.      Every     such     school     district    shall     be  when  district 
deemed  duly  organized  when  any  two  of  the  officers  elected 
at   the   first   meeting    shall   have   filed    their   acceptances    in 
writing   with    the   director,    and    the   same   shall   have   been 
recorded    in    the    minutes    of    such    first    meeting.      Every  presumption  of 
school   district   shall,   in    all    cases,    be    presumed    to    have  ISX,"*"1" 
been    legally   organized,    when    it    shall    have   exercised   the 
franchises   and    privileges    of    a    district    for    the    term    of 
two   years;   and    such    school    district   and   its   officers   shall 
be   entitled   to   all   the    rights,    privileges,    and    immunities,  seeApp.  A, 
and   be  subject   to   all   the   duties   and    liabilities   conferred*^25'29'39'47- 
upon   school   districts   by   law. 

(§13.)  SEC.  6.     The   record   of   the   first   meeting  made  by  Director's  rec- 
the  director   shall   be    prima  facie    evidence    of    the    f acts  JJJ  Jj  Jj8* ™eet" 
therein    set    forth,    and    of   the   legality    of   all   proceedings  aence. 
in   the   organization   of   the   district    prior   to   the   first   dis- 
trict  meeting;  but   nothing   in   this   section   contained   shall 
be  so  construed   as  to  impair  the  effect  of   the  record  kept 
by   the   school   inspectors,  as   evidence. 

CORPORATE   POWERS  OF   DISTRICTS. 

(§14.)  SEC.  7.     Every   school   district  organized  in  pursu- school  districts 
ance   of    this    chapter,    or    which    has    been   organized   and  JJ^JJJJ,168 
continued    under    any   previous   law   of   the   State   or   terri- 
tory   of    Michigan^    shall    be    a    body    corporate   and    shall 
possess   the   usual   powers   of   a   corporation   for  public  pur- 
poses, by  the  name  and   style   of   "School   District   Number  Name  and  style. 

-  (such  number  as  shall  be  designated  in  the  forma- 
tion thereof  by  the  inspectors),  of  -  '  (the  name  of  the 
township  or  townships  in  which  the  district  is  situated), 
and  in  that  name  shall  be  capable  of  suing  and  being  Power8 ofi 
sued,  of  contracting  and  being  contracted  with,  and  of 
holding  such  real  and  personal  estate  as  is  authorized  to 
be  purchased  by  the  provisions  of  law,  and  of  selling  the 
same. 

ALTERATION  OF  DISTRICTS. 

(§15.)  SEC.   8.     Whenever   the   board   of  school  inspectors  Meetings  of  m- 
shall    contemplate    an    alteration    of    the    boundaries    of    a 
district,   the   township   clerk  (and    for  meetings  of  boards  to 
act  in  relation    to   fractional   districts,   clerks   of   the   several 
townships   interested)    shall    give    at   least   ten   days'   notice 
of   the   time   and   place    of    the    meeting   of    the   inspectors 
and    the   alterations   proposed,    by    posting    such    notice    in  Notice  of. 
three   public   places   in   the   township   or  'townships,   one   ofseeApp.  B, 
which   notices   shall   be   in    each    of   the   districts   that   may  form16- 


14 


GENERAL  SCHOOL  LAWS. 


be  affected  by  such  alteration.  Whenever  the  board  of 
8Ck00j  inspectors  of  more  than  one  township  meet,  they 
shall  elect  one  of  their  number  chairman  and  another 
clerk  thereof. 

(§16.)  SEC.  9.  The  inspectors  may,  in  their  discretion, 
detach  the  property  of  any  person  or  persons  from  one 
district  and  attach  it  to  another,  except  -that  no  land 
which  has  been  taxed  for  building  a  schoolhouse  shall 
be  set  off  into  another  school  district  for  the  period  of 
three  years  thereafter,  except  by  the  consent  of  the  owner 
thereof  ;  and  no  district  shall  be  divided  into  two  or  more 
districts  without  the  consent  of  a  majority  of  the  resident 
taxpayers  of  said  district,  and  no  two  or  more  districts  be 
consolidated  without  the  consent  of  a  majority  of  the  resi- 
dent taxpayers  of  each  district. 

(§17.)  SEC.  10.  The  inspectors  may  attach  to  a  school 
district  any  person  residing  in  a  township  and  not  in 
anv  organized  district,  at  his  request;  and  for  all  district 
purposes  except  raising  a  tax  for  building  a  schoolhouse, 
such  person  shall  be  considered  as  residing  in  such  dis- 
trict, but  when  set  off  to  a  new  district,  no  sum  shall  be 
raised  for  such  person  as  his  proportion  to  the  district 
property. 

(§18.)  SEC.  11.  In  all  oases  where  an  alteration  of  the 
boundaries  of  a  school  district  shall  be  made,  the  township 
clerk  shall,  within  ten  days,  deliver  to  the  director  of  each 
district  affected  by  the  alteration,  a  notice  in  writing  setting 
forth  the  action  of  the  inspectors  and  defining  the  altera- 
tions that  have  been  made. 


n,  36,  38,  46. 


powers  of  m. 
3Srtc5.to  lter 


seeApp.A, 

SJIsfis3,7^!1' 

when  consent  of 

bTobSed*. 
see  §110. 

persons  out  of 


cases  certaln 


Township  cierk 


districts. 
seeApp.  B, 


DIVISION  OF  PROPERTY. 


when  district  is 

f0iVbeeadppor-pertF 
tioned. 

see  APP.  A,  ITU 
3,4,40,98,105. 


when  school- 

Snot  needed, 
may  be  sold.  ' 


proceeds  of  sale 
uonedapp°r~ 


(§19.)  SEC.  12.  When  a  new  district  is  formed  in  whole 
or  iQ  part,  from  one  or  more  districts  possessed  of  a  school 
house  or  entitled  to  other  property,  the  inspectors,  at  the 
time  of  forming  such  new  district  or  as  soon  thereafter 
flg  may  j^  8|jaii  ascertain  and  determine  the  amount  justly 
due  to  such  new  district  from  any  district  out  of  which 
it  may  have  been  in  whole  or  in  part  formed,  as  the 
proportion  of  such  new  district,  of  the  value  of  the  school 
house  and  other  property  belonging  to  the  former  district, 
at  the  time  of  such  division;  and  whenever  by  the  division 
°^  anv  district,  the  sohoolhouse  or  site  thereof  shall  no 
longer  be  conveniently  located  for  school  purposes  and  shall 
not  be  desired  for  use  by  the  new  district  in  which  it  may 
be  situated,  the  school  inspectors  of  the  township  in  which 
such  sohoolhouse  and  site  shall  be  located,  may  advertise 
and  seM  the  same,  and  apportion  the  proceeds  of  such 
sale  and  also  any  moneys  belonging  to  the  district  thus 

(§19.)  Upon  investigation  we  are  of  the  opinion  that  the  school  inspectors  of  the 
township  have  full  and  absolute  control  over  the  advertisement,  sale,  and  apportionment 
of  the  proceeds  among  the  several  districts,  erected  in  whole  or  in  part  therefrom.—  Fan 
Riper,  Attorney  General,  July  24,  1882. 


GENERAL  SCHOOL  LAWS.  15 

divided,  among 'the  several  districts    erected   in   whole    or   in 
part   from    the   divided   district. 

($20.)  SEC.  13.  Such  proportion  shall  be  ascertained  and  HOW  proportion 
determined  according  to  the  value  of  the  taxable  property 
of  the  respective  parts  of  such  former  district  at  the  time 
of  the  division,  by  the  best  evidence  in  the  power  of  the 
inspectors;  and  such  amount  of  any  debt  due  from  the 
former  district  which  would  have  been  a  charge  upon 
the  new,  had  it  remained  in  the  former  district,  shall  be 
deducted  from  such  proportion :  Provided,  That  no  real  proviso, 
estate  thus  set  off,  and  which  shall  not  have  been  taxed 
for  the  purchase  or  building  of  such  schoolhouse,  shall 
be  entitled  to  any  portion  thereof,  nor  be  taken  into 
account  in  such  division  of  district  property. 

DISTRICT   MEETINGS. 

(§21.)  SEC.   14.     The   annual   meeting   of  each  school  dis- Annual  meeting. 
trict   shall   be   held   on   the   first  Monday   of    September  in 
each  year,  and  the  school  year  shall  commence  on  that  day : 
Provided,  That  any  school  district  that  shall   so   determine  school  year, 
at   an   annual   meeting,   or   at   a   special  meeting  duly  called 
for  that    purpose,    may    hold    its    annual    meeting    on    the 
second    Monday    of    July    in    each    year,    or    in    the   same  Date  of  annual 
manner    may   thereafter    change    the    time    of    its    annual 
meeting   to   the   first  Monday   in    September  in   each   year; 
and   the    trustees    and    officers    of    the    district    shall    date 
their    terms    of    office    from   the  date   so   chosen   and   until 
their   successors   are   elected   and    qualified :     Provided,  fur- 
ther,  That   such   action   in   either  case  shall  not  change  the 
time  of  the  commencement  of  the   school   year   or   the   tak- 
ing of   the   annual   school   census. 

(§22.)  SEC.   15.     Special   meetings   may   be   called   by  the  special  meet- 
district   board ;  and   it   shall   be   the  duty   of  said  board,  or ln*8 
any  of  them,  to  call  such    meetings   on   the   written   request 
of  not   less  than   five  legal   voters   of  the   district,    by   giv-  seeApp.  B, 
ing   the   notice  required    in    the    next    succeeding    section ; form  8t 
but  no  special  meeting  shall   be   called,   unless  the  business  when  mar  not 
to   be   transacted   may   lawfully   come   before   such  meeting,  * 
and   no    business   shall   be   transacted   at   a   special   meeting  Business  of  to 
unless  the    same   be   stated   in   the  notice   of  said   meeting,  notice!**1 

(§23.)  SEC.   16.     All   notices   of  annual   or  special  district  Notice  of 
meetings,  after  the   first   meeting   has   been   held    as    afore- m 
said,    shall   specify    the   day    and    hour   and   place   of   meet- see  APP.  B, 
ing,  and  shall  be  given   at   least   six   days   previous   to   such  form87'9' 
meeting,  by  posting    up  copies  thereof  in  three  of  the  most 
public  places  in  the    district,  one    copy    of   which    for   each 
meeting  shall  be   posted    at   the   outer   door   of   the   district 
schoolhouse,    if   there   be   one;    and   in    case   of   any  special 
meeting  called  for  the  purpose  of   establishing   or   changing 
the   site   of    a    schoolhouse,    such    notice   shall    be   given    at 
least  ten  days  previous  thereto:     Provided,  That   when    any  Duty  of  district 
of  the  district  board  shall  receive  a  request  to  call  a  special  nSice.t08lve 


16 


GENERAL  SCHOOL  LAWS. 


When  annual 
meeting  not  il- 
legal for  want 
of  notice. 


Who  are  quali- 
fied voters  at 
district  meet- 
ings. 


meeting,  as  provided  in  the  preceding  section,  he  shall 
forthwith  give  notice,  as  above  provided,  of  said  meeting, 
which  shall  be  called  in  not,  less  than  six  nor  more  than 
twelve  days  from  the  time  the  said  officer  shall  receive 
the  notice  aforesaid.  No  annual  meeting  shall  be  deemed 
illegal  for  want  of  due  notice,  unless  it  shall  appear  that 
the  omission  to  give  such  notice  was  wilful  and  fraud- 
ulent. 

(§24.)  SEC.  17.  Every  citizen a  of  the  age  of  twenty-one 
years,  who  has  property  assessed  for  school  taxes  in  any 
school  district  and  who  has  resided  therein  three  months 
next  preceding  any  school  meeting  held  in  said  district, 
or  who  has  resided  three  months  next  preceding  such 
meeting  on  any  territory  belonging  to  such  district  at  the 
time  of  holding  said  meeting,  shall  be  a  qualified  voter 
in  said  meeting  upon  all  questions,  and  all  other  citizens* 
who  are  twenty-one  years  of  age  and  are  the  parents  or 
legal  guardians  of  any  children  included  in  the  school 
census  of  the  district,  and  who  have  for  three  months  as 
aforesaid,  been  residents  of  said  district  or  upon  any  terri- 
tory belonging  thereto  at  the  time  of  holding  any  school 
meeting,  shall  be  entitled  to  vote  on  all  questions  arising 
in  said  district  which  do  not  directly  involve  the  raising  of 
money  by  tax. 

(§25.)  SEC.  18.  If  any  person  offering  to  vote  at  a 
school  district  meeting  shall  be  challenged  as  unqualified, 
by  any  legal  voter  in  such  district,  the  chairman  presid- 
ing at  such  meeting  shall  declare  to  the  person  challenged, 
the  qualifications  of  a  voter;  and  if  such  person  shall  state 
that  he  is  qualified  and  the  challenge  shall  not  be  with- 
drawn, the  chairman  shall  tender  to  him  an  oath  in  sub- 
stance as  follows:  "You  do  swear  (or  affirm)  that  you 
are  a  citizen b  of  the  United  States,  that  you  have  been 
for  the  last  three  months  an  actual  resident  of  this  school 
district  or  residing  upon  territory  now  attached  to  this 
school  district,  and  that  you  pay  a  school  district  tax 
therein;"  and  every  person  taking  this  oath  shall  be  per- 
mitted to  vote  upon  all  questions  proposed  at  such  meet- 
ings. Or  he  may  take  the  following  oath,  to  wit:  "You 
do  swear  (or  affirm)  that  you  are  a  citizen  b  of  the 
United  States,  that  you  have  been  for  the  last  three 
months  an  actual  resident  of  this  school  district  or  resid- 
ing upon  territory  now  attached  to  this  school  district, 
and  that  you  are  the  parent  or  legal  guardian  of  one  or 
more  childen  now  included  in  the  school  census  of  the 
district;"  and  he  may  vote  upon  all  questions  which  do 
not  directly  involve  the  raising  of  money  by  tax.  If  any 
person  so  challenged  shall  refuse  to  take  such  oath,  his 
vote  shall  be  rejected ;  and  any  person  who  shall  wilfully 
take  a  false  oath  or  make  a  false  affirmation,  under  the 


Challenging 
voters. 


Oaths  to  be 
tendered  chal- 
lenged voters. 


raise  oath 

deemed 

perjury. 


a  Amended  by  Act  No.  15,  Pnblic  Acts  of  1895. 
*>  Amended  by  Act  No.  258,  Pnblic  Acts  of  1895. 


GENERAL  SCHOOL  LAWS.  17 

provisions  of  this  section,  shall  be  deemed  guilty  of  per- 
jury. When  any  question  is  taken  in  any  other  way  than 
by  ballot,  a  challenge  immediately  after  the  vote  has  been 
taken  shall  be  deemed  to  be  made  when  offering  the  vote 
and  treated  in  the  same  manner. 

(§26.)  SEC.   19.     If  at   any    district    meeting    any   person  Disorderly  per- 
shall   conduct   himself    in    a    disorderly    manner    and,    after 
notice   from    the   moderator   or   person    presiding,   shall   per- 
sist  therein,  the   moderator   or   person    presiding  may    order 
him   to   withdraw   from    the   meeting,    and    on    his    refusal, 
may    order    any    constable,   or   other   person    or   persons,   to 
take  him  into  custody  until  the  meeting  shall  be  adjourned; 
and   any   person   who   shall   refuse   to   withdraw    from    such  penalty  for  di&- 
meeting  on  being   so   ordered   as   herein   provided,   and   also  }J£bln8:  meet" 
any    person    who   shall   wilfully    disturb    such    meeting    by 
rude    and    indecent    behavior,    or    by    profane    or   indecent 
discourse,   or   in    any    other    way    make    such    disturbance, 
shall,  on   conviction   thereof,    be    punished    by    a    fine    not 
less   than   two   nor   more   than  fifty  dollars,   or  by  imprison- 
ment  in   the   county   jail   not    exceeding    thirty    days;    and 
any   justice   of  the   peace,  recorder,  or  police  justice  of  the  wnoBhaii  have 
township,   ward,   or   city    where   such   offense   shall   be   com-  iJtSlf101 
mitted,    shall    have    jurisdiction    to   try   and   determine   the 
same. 

(§27.)  SEC.   20.     The   qualified   voters   in   any   school   dis-  Powers  of  vot- 
trict    when    lawfully    assembled    at    the    first    and   at   each  SJe*b2frh 
annual   meeting,  or   at   any    adjournment   thereof,   or   at  any 
special   meeting   lawfully   called,  except   as  hereinafter   pro- 
vided, shall   have   power: 

First,  At   the   first   meeting  and  at  any  meeting  after  the  TO  appoint  tem- 
organization   of   the   district,   in   the   absence   of   the  moder- poraryofl 
ator,  to   appoint   a   chairman   for    the    time    being,    and    in 
the   absence   of   the  director  to   appoint  some  person  to  act 
in    his   stead,   who   shall   keep   a   minute   of  the  proceedings 
of  such    meeting   and   certify   the   same   to   the   director,   to 
be   by   him    entered   in   the   records   of  the   district; 

Second,  To   adjourn   from   time   to   time  as  occasion   may  May  adjourn, 
require; 

Third,  To   elect   district   officers    as   hereinafter   provided;  TO  elect  officers. 

Fourth,  To  designate,  as   hereinafter  provided,    a   site   or  %£$&£&£' 
such   number  of  sites   as   may   be  desired  for  schoolhouses,  JJJJJJ™ 8ChooU 
and   to   change   the   same   when   necessary;  see§89. 

Fifth,   To   direct   the   purchasing   or   leasing   of   a   site   or  TO  direct  pur- 
sites,  lawfully   determined    upon ;    the    building,    hiring,    or "" 
purchasing   of   a   schoolhouse   or    houses,    or    the    enlarging 
of   a   site   or   sites   previously    established; 

Sixth,  To    vote    such     tax    as    the    meeting    shall    deem  TO  vote  tax  for 
sufficient,    to   purchase   or   lease   a   site  or  sites,  or  to  build,  bl 

~.  *  eight.)  All  sales  thus  made  shall  be  in  the  corporate  name  of  the  school  dis- 
trict, as  provided  in  Section  7,  Chapter  2,  of  said  Act  164,  while  the  deed  or  deeds  of  the 
conveyance  of  lands  sold  as  above  provided  shall  be  executed  by  the  district  board  in 
their  official  capacity,  bnt  in  the  name  of  snch  district.— Fan  Riper,  Atty.  Gen.,  July  24, 


18 


GENERAL  SCHOOL  LAWS. 


taxable. 


To  vote  tax 
for  certain 
purposes. 
See  App.  A, 

HIT  »7 ,101. 


Limit  of  tax.  hire,  or  purchase  a  schoolhouse  or  houses:  but  the  amount 
of  taxes  to  be  raised  in  any  district  for  the  purpose  of 
purchasing  or  building  a  schoolhouse  or  houses  in  the 
same  year  that  any  bonded  indebtedness  is  incurred,  shall 
not  exceed  in  districts  containing  less  than  ten  children 
between  the  ages  of  five  and  twenty  years,  two  hundred 
fifty  dollars;  in  districts  having  between  ten  and  thirty 
children  of  like  age,  it  shall  not  exceed  five  hundred  dol- 
lars; and  in  districts  having  between  thirty  and  fifty  chil- 
dren of  like  age,  it  shall  not  exceed  one  thousand  dollars, 
when  land  not  No  legal  subdivisions  [subdivision]  of  land  shall  be  taxed 
for  building  a  schoolhouse,  unless  some  portion  thereof 
shall  be  within  two  and  one-half  miles  of  said  school- 
house  site; 

Seventh,  To   impose  such   tax    as    shall    be    necessary   to 
keep   their  schoolhouse  or  houses  in  repair,  and  to  provide 
the  necessary  appendages   and   school  apparatus,  and  in  dis- 
tricts  having  district  libraries,  for  the  support  of  the  same, 
and   to   pay   and   discharge  any   debts   or    liabilities   of  the 
district   lawfully   incurred,   and   also   to   pay  for  the  services 
Limit  of  tax.      of    any   district   officer.     The    tax    herein    authorized   to   be 
t       voted  shall    not    exceed    one-half    the    amount    which    the 
district   is  authorized  to  raise  for  building  schoolhouses; 

Eighth,  To  authorize  and  direct  the  sale  of  any  school- 
house,  site,  building,  or  other  property  belonging  to  the 
district,  when  the  same  shall  no  longer  be  needed  for  the 
use  of  the  district; 
Direct  in  regard  Ninth,  To  give  such  directions  and  make  such  provi- 
sions as  they  shall  deem  necessary  in  relation  to  the  prose- 
cution or  defense  of  any  suit  or  proceeding  in  which  the 
district  may  be  a  party,  or  interested; 

Tenth,    To    appoint,    as    in    their    discretion    it    may    be 
necessary,    a    building    committee    to    perform    such   duties 
in   supervising  the  work  of  building  a  schoolhouse,   as  they 
by   vote   may   direct; 
At  annual  meet-     Eleventh,    *At   the   first   and   the  annual  meeting  only,  to 
iSw°<SeMhSi?e  determine   the   length    of   time   a   school   shall   be  taught  in 
their  district  during   the   ensuing   year,   which    shall  not  be 
less   than   nine   months   in   districts    having    eight    hundred 
children  over  five  and  under   twenty   years   of   age,  and   not 
Forfeiture  of      less   than   five   months  in  all  other  districts,   on  pain  of  for- 
PUWIC moneys.    feiture   of  their  share   of   the  primary  school  interest  fund; 
but   in   case   such    matters   shall     not  be  determined   at   the 
first   or  annual   meeting,   the   district   board   shall   determine 
when  district     the   same;  and   in   case    the    district    fails    to    vote    for    at 
m°mredienSer~    least     the    minimum    length    required    herein,    the    district 
of  school.          board   shall   make   provisions    for    said    minimum   length    of 

school ; 

May  appropriate      Twelfth,  To   appropriate  any  surplus  moneys  arising  from 
to  certain1111  tax  the   one-mill   tax,   after   having   maintained   a   school  in   the 
district  at  least    eight   months   in    the    school   year,    for   the 


To  direct  sale 
of  certain 
property. 


May  appoint 
building  com 
mlttee. 


to  certain 
purposes. 


*  Amended  by  Act  No.  15,  Public  Acts  of  1895. 


19 


purpose  of  purchasing  and  enlarging  school  sites,  or  for 
building  or  repairing  schoolhouses,  or  for  purchasing  books 
for  library,  globes,  maps,  and  other  school  apparatus,  or  for 
incidental  expenses  of  the  school. 


CHAPTER   III, 

DISTRICT    BOARD    AND    OFFICERS. 

].)      SECTION  1.    At   the   first   meeting   in   each   school  Election  of  ais- 
district   there   shall   be   elected    by   ballot    a    moderator    f or 
the   term    of  three   years,   a   director   for   two   years,   and   an  V 
assessor  for    one    year;    and    on     the    expiration     of     their  see  §§  uo,  147. 
respective   terms   of   office,    and    regularly    thereafter   at   the  ^9App  A% 
annual    meetings,    their  several   successors  shall   be   elected 
in   like   manner   for   a   term    of   three  years  each.     The  time  Term  of  office, 
intervening    between    the   first   meeting   in   any   school  dis- 
trict   and     the     first    annual    meeting    thereafter    shall    be 
reckoned   as   one   year. 

(§29.)    SEC.    2.      A    school     district    office    shall     become  when  district 
vacant  upon  the  occurrence  of  any  of  the   following   events :  cSaeVacant^" 

First,  The  death   of   the   incumbent; 

Second,   His   resignation; 

Third,  His  removal   from   office; 

Fourth,  His   removal   from   the   district; 

Fifth,   Hie   conviction   of   any    infamous   crime; 

Si,dh,    His    election   or  appointment   being   declared   void 
by   a   competent   tribunal; 

Seventh,  His   neglect   to   file   his   acceptance   of   office,    or 
to   give   or   renew   any    official   bond,   according   to   law. 

(§30.)  SEC.  3.     In   case   any   one    of    the    district    offices  vacancies  in 
becomes    vacant,    the    two    remaining    officers    shall    imiue- 
diately   fill   such   vacancy;    or   in    case    two    of    the    offices 
become   vacant,   the   remaining  officer  shall  immediately  call 
a   special    meeting   of   the   district   to    fill    such    vacancies; 
in  case  any  vacancy  is  not  filled  as  herein  provided,   within  see  APP.  B, 
twenty    days   after   it   shall   have   occurred,    or    in    case    allform814' 15> 
the   offices   in  a   district   shall   become   vacant,  the   board   of 
school   inspectors   of    the    township    to    which    the    annual 
reports   of   such    district   are  made  shall  fill  such  vacancies. 
Any    person    elected    or    appointed    to   fill   a   vacancy   in   a  Term  or  office 
district   office   shall   hold   such    office    until    the    next    suo- 
ceeding    annual    meeting,    at   which    time  the   voters   of   the 
district   shall   fill   such    office   for   the   unexpired   portion    of 
the   term. 

(§28.)  School  district  officers  cannot  be  elected  by  a  bare  plurality  vote.  In  electing 
officers  the  school  district  acts  in  its  corporate  capacity,  and  no  corporate  action  can  be 
had  without  the  concurrence  of  the  majority. — Kirchner,  Atty.  Gen.,  July  18,  1877. 

(§29.)  The  temporary  absence  of  the  assessor  does  not  create  a  vacancy  in  the  office. 
If  his  family  continues  to  reside  in  the  district  and  he  has  not  actually  removed,  he 
retains  his  residence  and  with  it  his  office.  A  removal  is  necessary;  and  a  temporary 
absence,  his  family  remaining,  is  not  a  removal  and  there  is  no  vacancy.— Tan  Riper 
Atty.  Gen.,  Feb.  3,  1332. 


20 


GENERAL  SCHOOL  LAWS. 


Who  are  eligible 
to  hold  office. 


Acceptances  of 
offices  to  be 
filed. 


See  App.  B, 
form  5. 


District  board, 
when  meetings 
of  may  be 
called. 


Necessity  of 
meeting  to  valid 
action  by  board. 
Quorum  of 
board. 


Board  to  pur- 
chase record 
books,  etc. 


See  App.  A, 

IT  103. 


Board  to  pur- 
chase site  and 
build  school- 
house. 

See  App.  A, 

HIT  H4,  124. 

Necessity  of  title 
or  lease  to  site 
before  building 
schoolhouse. 


See  App.  B, 
forms  23,  24,  25. 


Board  to  esti- 
mate tax  for 
support  of 
schools. 


(§31.)  SEC.  4.  Any  qualified  voter  in  a  school  district 
who  has  property  liable  to  assessment  for  school  taxes 
shall  be  eligible  to  election  or  appointment  to  office  in 
such  school  district,  unless  such  person  be  an  alien. 

(§32.)  SEC.  5.  Within  ten  days  after  their  election  or 
appointment,  the  several  officers  of  each  school  district 
shall  file  -with  the  director  written  acceptances  of  the 
offices  to  which  they  have  been  respectively  elected  or 
appointed,  and  such  acceptances  shall  be  entered  in  the 
records  of  the  district  by  said  director. 

(§33.)  SEC.  6.  The  moderator,  director,  and  assessor  shall 
constitute  the  district  board.  Meetings  of  the  board  may 
be  called  by  any  member  thereof  by  serving  on  the  other 
members  a  written  notice  of  the  time  and  place  of  such 
meeting  at  least  twenty-four  hours  before  such  meeting  is 
to  take  place;  and  no  act  authorized  to  be  done  by  the 
district  board  shall  be  valid,  unless  voted  at  a  meeting  of 
the  board.  A  majority  of  the  members  of  the  board  at  a 
meeting  thereof  shall  be  necessary  for  the  transaction  of 
business. 

(§34.)  SEC.  7.  The  said  district  board  shall  purchase  a 
record  book,  and  such  other  books,  blanks,  and  stationery 
as  may  be  necessary  to  keep  a  record  of  the  proceedings 
of  the  district  meetings  and  of  meetings  of  the  board,  the 
accounts  of  the  assessor,  and  for  doing  the  business  of  the 
district  in  an  orderly  manner. 

(§35.)  SEC.  8.  The  district  board  shall  purcl^se  or  lease, 
in  the  corporate  name  of  the  district,  such  sites  for  school- 
houses  as  shall  have  been  lawfully  designated,  and  shall 
build,  hire,  or  purchase  such  schoolhouses  as  may  be 
necessary  out  of  the  fund  provided  for  that  purpose,  and 
make  sale  of  any  site  or  other  property  of  the  district 
when  lawfully  directed  by  the  qualified  voters;  but  no  dis- 
trict in  any  case  shall  build  a  stone  or  brick  schoolhouse 
upon  any  site  without  having  first  obtained  a  title  in  fee 
to  the  same  or  a  lease  for  ninety-nine  years;  nor  shall 
any  district  build  a  frame  schoolhouse  on  any  site  for 
which  they  have  not  a  title  in  fee  or  a  lease  for  fifty 
years,  without  securing  the  privilege  of  removing  the  said 
schoolhouse,  when  lawfully  directed  so  to  do  by  the  quali- 
fied voters  of  the  district  at  any  annual  or  special  meet- 
ing when  lawfully  convened. 

(§36.)  SEC.  9.  It  shall  be  the  duty  of  the  district  board 
to  estimate  the  amount  necessary  to  be  raised  in  addition 

(§83.)  The  district  board  should  act  together.  It  is  not  necessary  for  valid  official 
action  that  all  the  members  should  be  consulted,  but  opportunity  must  be  given  to  all 
the  members  to  express  their  opinion  and  to  vote  upon  the  questions  submitted  to  them. 
—Kirchner,  Atty.  Gen.,  Dec.  4, 1877. 

(§38.)  Whenever  a  power  is  vested  in  a  board  for  a  public  purpose,  it  requires  a  quorum 
to  act  and  a  majority  of  that  quorum  to  determine  a  matter  before  it.  —  Kirchner,  Atty. 
Gen.,  Apr.  7,  1879. 

(§35.)  The  record  of  a  lease  for  a  term  of  years  is  not  essential  to  its  validity,  though 
leases  for  a  longer  term  than  three  years  should  be  recorded,  in  order  to  render  them 
effectual  against  subsequent  purchasers  in  good  faith  and  for  a  valuable  consideration. 
The  non-payment  of  rent  does  not  ipso  facto  terminate  the  lease.— Kirchner,  Atty.  Gen., 
Sept.  26, 1877. 


GENERAL  SCHOOL,  LAWS. 


to  other  school  funds,  for  the  entire  support  of  such  schools, 

including  teachers'  wages,  fuel,  and  other  incidental  expenses, 

and   for  deficiencies  of  the  previous  year  for  such  purposes. 

But  in  districts  having  less  than   thirty  scholars,   such    esti- Limit  of  tax  m 

mate,  including   the   district's   share   of   the   primary  school certalQCase8- 

interest   fund   and   one-mill   tax,    shall   not   exceed    the   sum 

of    fifty    dollars    a    month    for     the    period    during    which 

school   is   held    in    such    district;    and   when    such    amount 

has   been   estimated    and    voted    by    the    district    board,    it 

shall   be   reported   for   assessment   and   collection,    the    same 

as    other    district    taxes.     When   a   tax   has   been    estimated  when  board 

and   voted    by    the   district   board   under    the    provisions    of  Soney0"0 

this   section,  and   is  needed   before  it  can  be  collected,   the 

district   board   may    borrow    to    an    amount    not    exceeding 

the   amount   of   said   tax. 

(§37. )  SEC.   10.     The    district    board    shall,    between    the  Board  to  report 
first   and   third   Mondays  in   September   in  each  year,  make  fo^owMhuT 
out    and    deliver    to   the   township   clerk   of  each   township clerk- 
in   which   any  part   of   the  district   is  situated,  a   report   in  see  APP.  B, 
writing   under   their   hands   of    all   taxes   voted   by   the   dis- fo 
trict    during    the    preceding    year    and    of   all   taxes   which 
said   board   is   authorized   to   impose,  to   be    levied    on    the 
taxable   property   of   the   district. 

(§38.)  SEC.   11.     The   district   board   shall   apply   and   pay  Board  to  apply 
over   all   school  moneys  belonging  to  the  district,  in  accord-  {n^^ia1*?0"1" 
ance   with    the   provisions   of   law  regulating  the  same;   and 
no   money   raised   by   district    tax    shall    be    used    for    any 
other   purpose   than   that   for   which    it   was   raised,   without 
a   consenting   vote    of  two-thirds   of   the   tax    paying  voters 
of   the   district;   and   no   moneys  received  from  the  primary 
school   interest   fund,  nor   from    the   one-mill   tax,   except  as 
provided    by   law,    shall    be   appropriated   to   any   other   use 
than   the   payment   of  teachers'    wages,   and   no  part  thereof 
shall   be   paid   to   any   teacher  who   shall   not   have   received 
a    certificate    of    qualification    from    proper   legal   authority 
before   the   commencement   of   his   school.      No    school  dis- sectarian 
trict   shall   apply   any    of    the   moneys   received   by   it   from  Jrompum"63 
the    primary    school    interest    fund    or    from    any    and    all  moneys. 
other    sources,     for    the    support    and   maintenance   of    any 
school   of   a  sectarian  character,   whether  the  same  be  under 
the   control   of  any   religious   society   or   made   sectarian   by 
the   school   district   board. 

(§39.)  SEC.  12.     Said   board   shall   present  to  the  district,  Board  to  make 
at   each   annual   meeting,  a   report  in  writing,  containing  an  ai 
accurate   statement   of  all   moneys    of    the  district  received 


by   them,  or   any    of   them,  during   the   preceding  year,   and 
of   the   disbursements   made   by    them,    with    the    items    of 
such    receipts    and    disbursements.     Such    report   shall   also  contents  of. 
contain   a   statement   of   all    taxes   assessed  upon  the  taxable 
property  of  the  district  during  the  preceding  year,  the  pur- 

(§38.)  I  am  inclined  to  think  that  no  money  raised  by  district  taxes  can  be  used  for  any 
other  purpose  than  that  for  which  it  was  raised,  unless  by  vote  of  two-thirds  of  the  tax 
paying  voters  of  the  district.  I  think  this  section  must  be  strictly  and  literally  observed 
—  Kirchner,  Atty.  Oen.,  Sept.  26,  1877. 


22 


GENERAL  SCHOOL  LAWS. 


B 

forms26,  27. 

contracts. 


school  register 

see  §147. 
contracts  to  be 


Teacher  must 


91,  92,  93,  94. 


school  month 


Care  and  use  of 
schoolhouse. 


poses  for  which  such  taxes  were  assessed,  and  the  amount 
assessed  for  each  particular  purpose;  and  said  report  shall 
be  entered  by  the  director  in  the  records  of  the  district. 
Board  to  hire  (§40.)  SEC.  13.  The  district  board  shall  hire  and  con- 
tract with  such  duly  qualified  teachers  as  may  be  required; 
and  all  contracts  shall  be  in  writing  and  signed  by  a  major- 
ity of  the  board  on  behalf  of  the  district.  Said  contracts 
shall  specify  the  wages  agreed  upon  and  shall  require  the 
teacher  to  keep  a  correct  list  of  the  pupils,  and  the  age  of 
each  attending  the  school,  and  the  number  of  days  each 
pupil  is  present,  and  to  furnish  the  director  with  a  cor- 
rect copy  of  the  same  at  the  close  of  the  school.  Said 
contract  shall  be  filed  with  the  director,  and  a  duplicate 
copy  of  the  contract  shall  be  furnished  to  the  teacher. 
No  contract  with  any  person  not  holding  a  legal  certifi- 
cate of  qualification  then  authorizing  such  person  to  teach 
shall  be  valid;  and  all  such  contracts  shall  terminate,  if 
the  certificate  shall  expire  by  limitation  and  shall  not 
immediately  be  renewed,  or  if  it  shall  be  suspended  or 
revoked  by  proper  legal  authority.  A  school  month  within 
the  meaning  of  the  school  laws  shall  consist  of  four  weeks 
of  five  days  in  each  week,  unless  otherwise  specified  in 
the  teacher's  contract. 

(§41.)  SEC.  14.  The  district  board  shall  have  the  care 
and  custody  of  the  schoolhouse  and  other  property  of  the 
district,  except  so  far  as  the  same  shall  by  vote  of  the 
district  be  specially  confided  to  .the  custody  of  the  director, 
including  all  books  purchased  for  the  use  of  indigent 
pupils,  and  shall  open  the  schoolhouse  for  public  meet- 
ings, unless  by  a  vote  at  a  district  meeting  it  shall  be 
determined  otherwise:  Provided,  That  said  board  may 
exclude  such  public  meetings  during  the  five  school  days 
of  each  week  of  any  and  all  school  terms  or  such  parts 
thereof  as  in  their  discretion  they  may  deem  for  the  best 
interests  of  the  schools. 

(§42.)  SEC.  15.  The  district  board  shall  specify  the 
studies  to  be  pursued  in  the  schools  of  the  district  [dis- 
tricts] and,  in  addition  to  the  branches  in  which  instruc- 
tion is  now  required  by  law  to  be  given  in  the  public 
schools  of  the  State,  instruction  shall  be  given  in  physi- 
ology and  hygiene  with  a  special  reference  to  the  nature 
of  alcohol  and  narcotics  and  their  effects  upon  the  human 
system.  Such  instruction  shall  be  given  by  the  aid  of 
text-books  in  the  case  of  pupils  who  are  able  to  read  and 
as  thoroughly  as  in  other  studies  pursued  in  the  same 
school.  The  text-books  to  be  used  for  such  instruction 
shall  give  at  least  one-fourth  of  their  space  to  the  con- 
sideration of  the  nature  and  effects  of  alcoholic  drinks 
and  narcotics,  -and  the  books  used  in  the  highest  grade  of 
graded  schools  shall  contain  at  least  twenty  pages  of  mat- 
ter relating  to  this  subject.  Text-books  used  in  giving 
the  foregoing  instruction  shall  first  be  approved  by  the 
State  Board  of  Education.  Each  school  board  making  a 


Board  may  ex- 

me^teinibatccer- 
tam  times. 


Board  to  specif  y 


instruction  m 

ShygSne, 
required. 


to  be  approved 


GENERAL  SCHOOL  LAWS.  23 

selection  of  text-books  under  the  provisions  of  this  act 
shall  make  a  record  thereof  in  their  proceedings;  and  text- 
books once  adopted  under  the  provisions  of  this  act  shall 
not  be  changed  within  five  years,  except  by  a  consent  of 
a  majority  of  the  qualified  voters  of  the  district  present  at 
an  annual  meeting  or  at  a  special  meeting  called  for  that 
purpose.  The  district  board  shall  require  each  teacher  in 
the  public  schools  of  such  district,  before  placing  the  school 
register  in  the  hands  of  the  directors  [director]  as  pro- 
vided in  section  thirteen  of  this  act,  to  certify  therein 
whether  or  not  instruction  has  been  given  in  the  school 
or  grade  presided  over  by  such  teacher  as  required  by  this 
act;  and  it  shall  be  the  duty  of  the  director  of  the  dis- 
trict to  file  with  the  township  clerk  a  certified  copy  of 
such  certificate.  Any  school  board  neglecting  or  refusing 
to  comply  with  any  of  the  provisions  of  this  act  shall  be 
subject  to  fine  or  forfeiture,  the  same  as  for  neglect  of 
any  other  duty  pertaining  to  their  office.  This  act  shall 
apply  to  all  schools  in  the  State,  including  schools  in 
cities  or  villages,  whether  incorporated  under  special  charter 
or  under  the  general  laws. 

(§43.)  SEC.  16.     The  district  board   may   purchase   at   the  Purchase  of 
expense  of  the  district  such  text-books  as   may  be  necessary  JJJJJJ"  poor 
for    the    use    of    children,    when    parents    are    not   able   to 
furnish   the  same;   and   they   shall   include   the    amount    of 
such    purchase    m    the    report    to    the    township    clerk   or 
clerks,  to  be   levied   in   like   manner  as  other  district  taxes. 

(§44.)  SEC.   17.     The   district   board   shall  have   the    gen-  Board  to  estab- 
eral   care   of   the  school,   and   shall   make   and   enforce   suit-  schooT.168  f°r 
able  rules  and  regulations  for   its  government   and   manage- see  APP.  A, 
ment  and   for   the   preservation   of   the   property  of  the  dis-^64- 
trict.     Said    board    may   authorize   or  order  the   suspension  May  suspend  or 
or  expulsion  from  the  school,   whenever  in  its  judgment  the  " jSpS01"10'" 
interests   of   the   school   demand  it,    of  any   pupil   guilty   of 
gross   misdemeanor  or   persistent  disobedience.     Any  person  penalty  for  dis- 
who  shall  disturb  any  school  by  rude  and  indecent  behavior,  turbln*  8Cho°1- 
or   by   profane   or   indecent   discourse,   or  in  any   other   way 
make  such  disturbance,  shall  on   conviction  thereof  be  pun- 
ished  by   a   fine   not   less    than    two    nor    more    than    fifty 
dollars  or   by   imprisonment   in   the   county  jail  not   exceed- 
ing  thirty   days. 

(§45.)  SEC.   18.     All   persons  residents   of   any  school  dis- who  can  attend 
trict   and    five    years   uf  age   shall   have  an   equal   right   to  M: 
attend     any     school    therein,    and     no    separate    school    or 

(§44.)  It  is  not  competent  for  the  district  board  to  assume  the  expense  incurred  in  the 
legal  defense  of  a  teacher  prosecuted  for  an  assault  alleged  to  have  been  made  in  the 
punishment  of  a  pupil.—  Kirchner,  Attorney  General,  Dec.  4, 1877. 

(§45.)  The  domicile  of  any  person  is  the  place  which  he  has  chosen  for  his  permanent 
residence.  Sometimes  the  law  makes  a  distinction  between  "residence"  and  "  domicile." 
Residence,  contra  distinguished  from  domicile,  is  the  locality  in  which  a  person  may 
reside  for  the  time  being.  But  in  the  case  under  consideration  the  term  residence  is  used 
in  the  sense  of  domicile.  I  have  no  doubt  that  a  person  who  makes  Flint  his  or  her  home 
for  no  other  purpose  than  to  enjoy  school  privileges  and  with  the  intention  of  removing 
to  his  or  her  former  home  after  the  closing  of  the  school,  ia  "  not  actually  a  resident  of 
said  district."  A  minor  having  parents  living,  partakes  of  the  domicile  of  his  or  her 
parents.— Kirchner,  Attorney  General,  Jan.  25,  1879. 


24 


GENERAL  SCHOOL  LAWS. 


No  separate 
school  on  ac- 
count of  race, 
etc. 

See  App.  A, 
«[  113. 

Grading  not 
prevented. 
Non-resident 
pupils'  tuition. 


Proviso. 


Moderator. 


To  preside. 


To  countersign 
warrants  and 
orders. 


See  App.  A, 
1HI  55,  57. 

To  bring  suit  on 
assessor's  bond. 


Other  duties. 


department  shall  be  kept  for  any  persons  on  account  of 
race  or  color:  Provided,  That  this  shall  not  be  construed 
to  prevent  the  grading  of  schools  according  to  the  intel- 
lectual progress  of  the  pupil,  to  be  taught  in  separate 
places  as  may  be  deemed  expedient. 

(§46.)*  SEC.  19.  The  district  board  may  admit  to  the 
district  school  non-resident  pupils,  and  may  determine  the 
rates  of  tuition  of  such  pupils  and  collect  the  same,  which 
tuition  shall  not  be  greater  than  fifteen  per  cent  more 
than  the  average  cost  per  capita  for  the  number  of  pupils 
of  school  age  in  the  district.  Children  who  are  being  cared 
for  at  county  expense  shall  be  admitted  to  the  school  in 
the  district  whose  schoolhouse  is  nearest  the  county  house, 
on  the  same  terms  that  other  non-resident  pupils  are 
admitted.  When  non-resident  pupils  (their  parents  or 
guardians)  pay  a  school  tax  in  said  district,  such  pupils 
shall  be  admitted  to  the  schools  of  the  district,  and  the 
amount  of  such  school  tax  shall  be  credited  on  their 
tuition,  a  sum  not  to  exceed  the  amount  of  such  tuition, 
and  they  shall  only  be  required  to  pay  tuition  for  the 
difference  therein. 

(§47.)  SEC.  20.  It  shall  be  the  duty  of  the  moderator 
of  each  school  district: 

First,  To  preside,  when  present,  at  all  meetings  of  the 
district  and  of  the  board; 

Second,  To  countersign  all  orders  legalfy  drawn  by  the 
director  upon  the  assessor  for  moneys  to  be  disbursed  by 
the  district,  and  all  warrants  of  the  director  upon  the 
township  treasurer  for  moneys  raised  for  district  purposes 
or  apportioned  to  the  district  by  the  township  clerk; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name 
of  the  district  on  the  assessor's  bond,  in  case  of  any  breach 
of  any  condition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall 
be  by  law  required  ^of  the  moderator. 


DIRECTOE. 


Director. 


To  be  clerk. 


To  keep  and  re- 
cord minutes. 


To  give  notices 
of  meetings. 


See  App.  B, 
forms  7,9. 


(§48.)  SEC.  21.  It  shall  be  the  duty  of  the  director  of 
each  school  district: 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of 
the  district  and  of  the  board; 

Second,  To  record  the  proceedings  of  all  district  meet- 
ings, and  the  minutes  of  all  meetings,  orders,  resolutions, 
and  other  proceedings  of  the  board,  in  proper  record  books; 

Third,  To  give  the  prescribed  notice  of  the  annual  dis- 
trict meeting,  and  of  all  such  special  meetings  as  he  shall 
be  required  to  give  notice  of  in  accordance  with  the  pro- 
visions of  law; 

*  Amended  by  Act  No.  181,  Public  Acts  of  1895. 

(§47.)  The  moderator  should  examine  every  order  before  countersigning  it,  and  if  it  is 
drawn  for  an  improper  purpose  and  with  intent  to  defraud  the  district  or  to  divert  the 
fund  from  its  proper  channel,  he  should  refuse  to  countersign  such  order;  and  the  courts 
will  sustain  him  in  such  action. — Van  Riper,  Attorney  General,  Feb.  8, 18S2. 


GENERAL  SCHOOL  LAWS.  25 

Fourth,  To   draw   and   sign    warrants    upon   the   township  TO  draw  and 
treasurer   for    all    moneys    raised    for    district    purposes    or  2S? <wXSrto 
apportioned    to    the    district    by    the   township    clerk,    pay-  seeApp.  A, 
able   to   the   assessor   of   the   district,   and   orders    upon    the*'180'66 
assessor  for   all   moneys   to   be    disbursed    by    the    district, 
and  present  them  to  the  moderator,  to   be   countersinged   by 
that  officer.     Each  order  shall  specify  the  object  for  which,  seeApp. B, 
and   the   fund   upon    which,   it   is   drawn ; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers, 
when  directed  by  the  district  board,  and  present  them  to 
the  other  members  of  the  board  for  further  signature;  form 26.' 

*Sixth,    To   provide    the    necessary    appendages    for    the  TO  provide 
schoolhouse,    and    keep    the    same    in    good    condition   and  Jeep^hJot*1"1 
repair    during    the    time    school    shall    be    taught    therein,  house  m  repair. 
Necessary    appendages    within    the    meaning    of    law    shall  proviso, 
consist  of  the  following  articles,   to  wit:  a  set  of   wall  maps  see APP.  A, 
(the  grand  divisions,   the  United   States,   and  Michigan)  not^99'101- 
exceeding   twelve  dollars   in   price;    a    globe   not   exceeding 
eight   dollars;   a    dictionary    not    exceeding    ten    dollars;    a 
reading    chart    not    exceeding    five   dollars,   and    a   case   for 
library   books   not   exceeding   ten  dollars;  also  looking-glass, 
comb,    towel,    water-pail,    cup,    ash-pail,  poker,  stove-shovel, 
brox>m,  dust-pan,  duster,   wash-basin   and   soap. 

Seventh,  To   keep   an    accurate    account    of    all    expenses  TO  keep  account, 
incurred    by   him    as    director,    and   such   account   shall   be 
audited   by   the   moderator   and   assessor,  and   on  their  writ- 
ten  order   shall   be   paid   out   of    any    money    provided    for 
the  purpose; 

Eighth,  To   present   at   each    annual   meeting   an    estimate  TO  present  esti- 
of   the   expenses   necessary    to   be  incurred  during  the  ensu- 
ing   year    by   the    director    as    provided    by    law,    and    for  meeting, 
payment   of   the   services   of   any   district  officer; 

J\7?i//z,  To   preserve   and   file   copies    of    all  reports   made  To  preserve 
to   the   school   inspectors,   and   safely    preserve  and  keep   all 
books,   papers,   and   other  documents  belonging  to  the  office  men*. 
of  director,   or   to   the   district  when  not  otherwise  provided 
for,   and   to  deliver  the   same   to   his   successor   in    office; 

Tenth,  To   perform    such    other   duties   as   are   or  shall  be  other  duties, 
required  of  the  director  by  law  or  the  district  board. 

(§49.)  SEC.   22.     It  shall   be   the  duty   of  the   director  or  To  take  school 
such    other     person     as    the    district    board    may    appoint,  cen8U8- 
within    ten    days    next    previous    to    the    first    Monday   in 
September   in    each    year,   to   take   the    census    of    the   dis- 
trict   and   make   a   list   in   writing   of    the   names   and   agesusttooe 

sworn  to. 

*  As  amended  by  Act  No.  258,  Public  Acts  of  1895. 

(§48,  paragraph  6.)  I  think  the  director  has  power  to  provide  new  patent  seats,  if  in 
his  judgment  such  acquisition  is  "necessary."  It  is  a  general  principle  of  law  that  when- 
ever a  power  may  be  exercised  by  any  person  in  certain  emergencies,  in  the  absence  of 
any  provision  to  the  contrary,  the  person  who  is  to  execute  the  power  must  decide 
whether  the  emergency  is  sufficient  for  him  to  act.  The  director  must  decide  what  is  nec- 
essary  and  he  is  responsible  for  any  abuse  of  power.  The  word  "  necessary  "  as  used  in 
Sec.  48,  must  not  be  understood  in  its  literal  sense;  i.  e.,  things  that  cannot  be  done  with- 
out. In  such  a  sense  none  of  the  conveniences  and  apparatus  found  in  schools  would  be 
necessary.  I  take  it  that  all  such  things  are  necessary  which,  in  the  judgment  of  the 
director,  would  promote  the  efficiency  and  welfare  of  the  school,  having  due  regard  to  all 
the  circumstances  of  the  case.— Kirchner,  Atty.  Gen.,  July  31,  1877. 
4 


GENERAL  SCHOOL  LAWS. 


List  to  be  filed 
with  township 
clerk. 

What  children 
not  included. 


To  make  annual 
reports  to  In- 
spectors. 


Contents  of. 


of  all  the  children  between  the  ages  of  five  and  twenty 
years  residing  therein;  and  a  copy  of  said  list  shall  be 
verified  by  the  oath  or  affirmation  of  the  person  taking 
such  census,  by  affidavit  appended  thereto  or  endorsed 
thereon,  setting  forth  that  it  is  a  correct  list  of  the  names 
of  all  the  children  between  the  ages  aforesaid  residing  in  the 
district,  which  affidavit  may  be  made  before  the  clerk  of 
the  township;  and  said  list  shall  be  returned  with  the 
annual  report  of  the  director  to  the  township  clerk.  Chil- 
dren in  almshouses,  prisons,  or  asylums,  not  otherwise  resi- 
dents of  the  district  and  not  attending  the  school,  shall 
not  be  included  in  the  said  census;  nor  shall  Indian 
children  be  so  included,  unless  they  attend  the  school  or 
their  parents  are  liable  to  pay  taxes  therein. 

(§50.)  SEC.  23.  The  director  shall  also,  at  the  end  of 
the  school  year  and  previous  to  the  second  Monday  in 
September  in  each  year,  deliver  to  the  township  clerk,  to 
be  filed  in  his  office,  a  report  to  the  board  of  school 
inspectors  of  the  township,  showing: 

First,  The  whole  number  of  children  belonging  to  the 
district  between  the  ages  of  five  and  twenty  years,  accord- 
ing to  the  census  taken  as  aforesaid; 

Second,  The  number  attending  school  during  the  year 
under  five,  and  also  the  number  over  twenty  years  of  age; 

Third,  The  number  of  non-resident  pupils  of  the  dis- 
trict that  have  attended  school  during  the  year; 

Fourth,  The  whole  number  that  have  attended  school 
during  the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught 
during  the  ye#r  by  a  qualified  teacher,  the  name  of  each 
teacher,  the  length  of  time  taught  by  each,  and  the  wages 
paid  to  each; 

Sixth,  The  average  length  of  time  scholars  between  five 
and  twenty  years  of  age,  have  attended  school  during  the 
year; 

Seventh,  The  amount  of  money  received  from  the  town- 
ship treasurer  apportioned  to  the  district  by  the  township 
clerk ; 

Eighth,  The  amount  of  money  raised  by  the  district, 
and  the  purposes  for  which  it  was  raised; 

Ninth,  The   kind   of  books   used   in   the   school; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  Superintend- 
ent of  Public  Instruction  shall  direct. 

(§51.)  SEC.  ?4.  The  director  of  each  fractional  district 
shall  make  his  annual  report  to  the  clerk  of  the  township 
in  which  the  schoolhouse  is  situated,  and  shall  also  report 
to  the  clerk  of  each  township  in  which  the  district  is  in 
part  situated,  the  number  of  children  between  the  ages  of 
five  and  twenty  years  in  that  part  of  the  district  lying 
in  such  township. 


Where  director 
of  fractional 
district  to 
report. 


GENERAL  SCHOOL,  LAWS.  27 


ASSESSOR. 

(§52.)  SEC.  25.     It  shall   be   the   duty   of   assessor   of   each  Assessor, 
chool   district:  ^sT^' 

First,    To    execute    to    the    district    and     file     with     the  TO  give  bond, 
lirector   within   ten   days   after  his  election  or  appointment,  seeApp.  B, 
.  bond  in  double   the   amount    of   money  to   come    into    hisform6> 
lands  as  such  assessor  during    his  term  of  office,   as  near  as 
he    same   can    be    ascertained,   with    two   sufficient   sureties, 
o   be   approved   by   the    moderator  and  director,  conditioned  Bond  to  be 
or   the   faithful   application  of  all   moneys   that    shall   come appro' 
nto    his    hands   by    virtue    of   his  office,   and  to  perform  all 
he  duties  of  his  said  office   as   required    by    the    provisions 
)f    this    act.     Said   bond   shall   be    filed    with    the    director  Bond  med  with 
ind,    in    case   of   any    breach    of   the   condition    thereof,    the di 
noderator   shall   cause   a   suit   to   be  commenced  thereon   in  when  suit  to 
;he  name  of  the  district;  and  any  moneys  collected  thereon  SJereon*" 
*ball   be   paid   into   the   township   treasury,    subject    to    the 
Drder   of   the   district   officers,   and    shall   be   applied    to   the 
same    purposes    as    the     monejs    lost    should     have     been 
\pplied   by   the   assessor; 

Second,  To  pay  all  orders  of   the   director,   when    lawfully  TO  pay  proper 
irawn    and   countersigned    by    the    moderator,    out    of    any  ordew- 
moneys    in    his   hands   belonging   to   the   fund   upon    which 
3uch   orders   may    be   drawn; 

Third,    To     keep    a     book     in     which     all     the     moneys  TO  keep  record 
received   and   disbursed   shall   be   entered,  the   sources   from  SisSSemeiS?. 
which  the   same   have   been    received,    and    the    persons    to 
whom    and    the    objects    for    which    the    same    have    been 
paid ; 

Fourth,  To   present   to   the    district    board    at    the    close  TO  make  annual 
of   the   school   year  a  report  in  writing,  containing   a   state-  ma^ara18 
ment    of    all    moneys    received    during   the   preceding   year 
and   of  each   item   of  disbursements  made,  and   exhibit   the 
voucher   therefor; 

Fifth,  To   appear   for  and  on  behalf  of  the  district   in    all  TO  appear  for 
suits  brought  by  or  against  the  same,   when  no  other  direc-  dl 
tions  shall  be  given  by  the  qualified  voters  in  district  meet-  seeApp.  A, 
ing,   except  in  suits  in  which   he  is  interested  adversely   to  ^ 

(§52.)  Is  a  district  assessor  justifiable  under  the  law  in  refusing  to  pay  an  order  drawn 
for  any  purpose  not  authorized  by  law.  although  such  order  is  duly  signed  by  the  director 
and  countersigned  by  the  moderator?  Cases  may  arise  in  which  the  assessor  is  in  duty 
bound  not  to  pay  such  orders.— Kirchner,  Atty.  Gen.,  May  22,  1880. 

($)2.)  The  sureties  on  a  bond  executed  by  the  assessor  of  the  school  district  are  not 
responsible  for  acts  or  omissions  occurring  beyond  the  period  for  which  the  assessor  was 
elected.  In  case  of  his  reelection  a  new  bond  should  be  ffiven.— Kirchner,  Atty.  Gen., 
Dec.  4,  1877. 

(§52.)  Mr.  S.  was  elected  to  the  office  of  assessor  of  a  school  district  and  gave  the 
requisite  bonds.  Since  his  first  election  he  has  been  re-elected  but  has  never  executed 
any  additional  bonds.  He  has  never  been  requested  so  to  do  by  the  moderator  and 
director.  Laterally  the  director  requested  him  to  execute  an  official  bond  and  8.  replied 
that  he  could  not  do  so  just  then,  and  thereupon  and  without  any  further  proceedings  the 
district  treated  the  office  of  assessor  as  vacant  and  proceeded  at  once  to  an  election  to  fill 
said  supposed  vacancy.  I  am  entirely  clear  that  Mr.  S.  has  not  forfeited  his  office  and 
that  he  is  not  only  justified,  but  it  is  his  duty  not  to  pass  over  any  of  the  papers  pertain- 
ing to  the  office  or  any  of  the  school  district's  moneys;  but  Mr.  S.  should  give  bonds  at 
once.  Both  the  director  and  moderator  were  derelict  in  their  duty  in  failing  to  require 
the  bond  of  the  assessor  at  the  outset.  After  filing  the  bond  Mr.  8.  should  continue  to 
administer  the  office  of  assessor.— Kirchner,  Atty.  Gen.,  Sept.  18, 1879. 


28 


GENERAL  SCHOOL  LAWS. 


the  district;  and  in  all  such  cases  the  moderator  shall 
appear  for  such  district,  if  no  other  direction  be  given  as 
aforesaid  ; 

TO  deliver  to  MS  Sixth,  At  the  close  of  his  term  of  office  to  settle  with 
the  district  board,  and  deliver  to  his  successor  in  office 
all  books,  vouchers,  orders,  documents,  and  papers  belong- 
ing to  the  office  of  assessor,  together  with  all  district 
moneys  remaining  on  hand; 

Seventh,    To    perform    such    other   duties   as   are   or   shall 
be   by    law   required    of   the   assessor. 


other  duties. 


CHAPTEK  IV. 


TOWNSHIP   OFFICERS. 


TOWNSHIP   BOARD   OF   SCHOOL   INSPECTORS. 


Board  of  school 
inspectors. 

See  §§  142, 148. 


Chairman  of 
board  to  be 
treasurer. 
To  give  bond. 


See  App.  B, 
form  13. 


Bond  to  be  filed, 


When  suit  to 
be  brought 
thereon. 


Inspectors  to 
make  tripli- 
cate report. 


Contents  of. 


Disposition  of 
reports. 


(§53.)  SECTION!.  The  school  inspectors  of  each  township, 
together  with  the  township  clerk,  shall  constitute  the  town- 
ship board  of  school  inspectors.  Said  board  shall  meet 
within  twenty  days  after  the  first  Monday  in  April  in  each 
year,  and  elect  one  of  their  number,  other  than  the  town- 
ship clerk,  chairman  of  said  board,  and  the  township  clerk 
shall  be  the  clerk  thereof. 

(§54.)  SEC.  2.  The  chairman  of  said  board  shall  be  the 
treasurer  thereof,  and  shall  give  bond  to  the  township  in 
double  the  amount  of  moneys  to  come  into  his  hands  dur- 
ing his  term  of  office,  as  near  as  the  same  can  be  ascer- 
tained, with  two  sufficient  sureties,  to  be  approved  by  the 
township  clerk,  conditioned  for  the  faithful  appropriation 
of  all  moneys  that  may  come  into  his  hands  by  virtue  of 
his  office.  Said  bond  shall  be  filed  with  the  township 
clerk  and,  in  case  of  the  non-fulfilment  thereof,  said  clerk 
shall  cause  a  suit  to  be  commenced  thereon,  and  the  moneys 
collected  in  such  suit  shall  be  paid  into  the  township 
treasury  and  shall  be  applied  to  the  same  purposes  as 
the  moneys  lost  should  have  been  applied  by  said  treasurer 
of  the  board  of  school  inspectors. 

(§55.)  SEC.  3.  On  the  third  Monday  in  September  in 
each  year,  the  inspectors  shall  make  triplicate  reports  set- 
ting forth  the  whole  number  of  districts  in  their  townships, 
the  amount  of  money  raised  and  received  for  township  and 
district  libraries,  and  such  other  items  as  shall  from  year 
to  year  be  required  by  the  Superintendent  of  Public 
Instruction,  together  with  the  several  particulars  set  forth 
in  the  reports  of  the  school  directors  for  the  preceding 
year;  and  the  township  clerk  shall,  within  ten  days  there- 
after, forward  two  copies  of  the  same  to  the  secretary  [com- 

(§53.)    When  the  inspectors  fail  to  elect  a  chairman  within  twenty  days  after  the  first 
Monday  of  April,  I  am  of  the  opinion  that  the  organization  can  be  perfected  after  such 
'  date  by  the  election  of  a  chairman,  and  that  failure  to  comply  with  the  law  referred  to- 
does  not  preclude  a  legal  organization  thereafter.— Taggart,  Atty.  Gen.,  May  20, 1886. 


GENERAL,  SCHOOL  LAWS.   •  29 

oissioner]    of    the   county    board   of   school    examiners,    and 
ile   the   other   copy   in   his   office. 

(§56.)  SEC.    4.     It     shall     be     the     duty     of     the     school  inspectors  to 
nspectors,   before    making    their   annual   report,   as   required  "  q^aufled1 
jy    the    preceding    section,    to   examine   the   list   of   legally  teachers. 
qualified   teachers    on   file    in    the    office    of    the    township 
jlerk ;    and    if    in    any    school    district    a   school    shall   not 
aave   been    taught   for   the   time  required  by  law  during  the 
preceding  school  year  by  a  legally  qualified  teacher,  no  part  TO  report  dis- 
Df   the    public    money   shall    be   distributed    to  such  district,  pVoySi'su*?." 
although  the  report  from    such    district   shall   set   forth    that 
a   school   has   been    so   taught;  and   it   shall   be   the  duty  of 
the   board   to   certify    to   the   facts   in   relation   to   any    such 
district   in   their   annual   report. 

(§57.)  SEC.    5.     It   shall   be    the    duty    of    the    board    of  inspectors  to 
inspectors   to   render   to   the   township   board,   on    the   Tues- 
day  next  preceding  the  annual  township  meeting,  a  full  and  board- 
true  account  of  all  moneys  received  and  disbursed    by    them 
as   such    inspectors   during   the  year,  which  account  shall  be 
settled   by    said    township    board    and    such    disbursements 
allowed,   if  the  proper  vouchers  are  presented. 

(§58.)  SEC.   6.     The    whole    number    of    meetings    of    the  Number  of 
township  board  of  school  inspectors    at    the    expense    of   the  SJSSSsf 
township,  during  any  one  school  year  shall  not  exceed  eight;  see APP. A. TT i. 
but  this  shall  not  be  construed  to  prevent  said   board    hold- 
ing   further    meetings    in    case    of    necessity,     provided    no 
expense   to    the   township    be    incurred. 

TOWNSHIP    CLERK. 


(§59.)  SEC,   7.     The  township  clerk  shall  be  the  clerk  of  Township  cierk 
the   board   of   school    inspectors   by   virtue  of  his  office,   and 
shall   attend   all   meetings   of   said   board,    and,    under    their 
direction,    prepare    all    their    reports   and  record   the   same, 
and    shall    record    all    their     proceedings.      He    shall    also  Duties  as  such, 
receive  and  keep  all  reports  to  inspectors  from  the  directors 
of   the   several   school  districts   in    his   township,   and  all  the 
books  and  papers  belonging  to  the  inspectors,   and  file   such 
papers   in    his   office;  and   he   shall    receive    all    such    com-  see§§u2, 143. 
munications,   blanks,   and  documents  as   may  be   transmitted 
to   him    by    the   Superintendent   of   Public   Instruction,    and 
dispose  of   the  same  in  the  manner  directed  by  said  Super- 
intendent. 

(£00.)  SEC.   8.     It  shall  be  the  duty  of  the  township  clerk  TO  notify  county 
annually,    immediately   after   the   organization   of   the   board  SSJonSSlT 
of  school   inspectors   of   his   township,    to    transmit    to    the  of  inspectors. 
county    clerk    a   certified  statement   of  the   name   and    post- 
office   address   of   the   chairman    of  said   board;  and  in   case 
there   shall   be  a  change  in  such  chairman    during  the  year, 
he  shall  immediately  notify  the  county  clerk  of  such  change. 

>1.)  SEC.  9.     Each  township  clerk  shall  cause  a  map  to  TO  make  map 
be   made  of  his  township,   showing  by  distinct  lines  thereon  of 
the  boundaries  of   each    school   district  and   parts   of   school 


30 


GENERAL  SCHOOL  LAWS. 


Where  map  to 
be  filed. 

When  new  map 
to  be  made. 


To  report  to 
supervisor  all 
school  taxes. 


See  §  146. 


See  App.  B, 
form  22. 


districts  therein,  and  shall  regularly  number  the  same 
thereon  as  established  by  the  inspectors.  One  copy  of 
such  map  shall  be  filed  by  the  said  clerk  in  his  office, 
and  the  other  copy  he  shall  file  with  the  supervisor  of 
the  township;  and  within  one  month  after  any  division  or 
alteration  of  a  district,  or  the  organization  of  a  new  one 
in  his  township,  the  said  clerk  shall  file  a  new  map  and 
copy  thereof  as  aforesaid,  showing  the  same. 

(§62.)  SEC.  10.  It  shall  be  the  duty  of  the  township 
clerk  of  each  township,  on  or  before  the  first  day  of 
October  of  each  year,  to  make  and  deliver  to  the  super- 
visor of  his  township  a  certified  copy  of  all  statements 
on  file  in  his  office  of  moneys  proposed  to  be  raised  by 
taxation  in  each  of  the  several  school  districts  of  the 
township  for  school  purposes.  He  shall  also  certify  to 
the  supervisor  the  amount  to  be  assessed  upon  the  taxable 
property  of  any  school  district  retaining  the  district  school- 
house  or  other  property,  on  the  division  of  the  district,  as 
the  same  shall  have  been  determined  by  the  inspectors, 
and  he  shall  also  certify  the  same  to  the  director  of  such 
district,  and  to  the  director  of  the  district  entitled  thereto. 

(§63)  SEC.  11.  On  receiving  notice  from  the  county 
treasurer  of  the  amount  of  school  moneys  apportioned  to 
his  township,  the  township  clerk  shall  apportion  the  same 
amount  to  the  several  districts  therein  entitled  to  the  same, 
in  proportion  to  the  number  of  children  in  each  between 
the  ages  of  five  and  twenty  years,  as  the  same  shall  be 
shown  by  the  annual  report  of  the  director  of  each  dis- 
trict for  the  school  year  closing  prior  to  the  May  appor- 
tionment. 

(§64.)  SEC.  12.  Said  clerk  shall  also  apportion  to  the 
school  districts  in  his  township,  as  required  by  law,  on 
receiving  notice  of  the  amount  from  the  township  treas- 
urer, all  moneys  raised  by  township  tax,  or  received  from 
other  sources,  for  the  support  of  schools,  and  in  all  cases 
make  out  and  deliver  to  the  township  treasurer  a  written 
statement  of  the  number  of  children  in  each  district  draw- 
ing money,  and  the  amount  apportioned  to  each  district, 
and  record  the  apportionment  in  his  office;  and  whenever 
an  apportionment  of  the  primary  school  interest  fund,  or 
moneys  raised  by  tax,  or  received  from  other  sources,  is 
made,  he  shall  give  notice  of  the  amount  to  be  received 
by  each  district  to  the  director  thereof. 


- 


To  apportion 
school  moneys 
received  from 
county  treas- 
urer. 


See  App.  B, 
form  20. 


To  apportion 
school  taxes. 


Statement  to 

township 

treasurer. 


See  App.  B, 
forms  20,  21. 

To  notify  direct- 
ors of  amount 
apportioned  to 
districts. 


TOWNSHIP   SUPERVISOR   AND   TREASURER. 


Assessment  and 
d?8trict0tax°efs 


see  §146. 


(§65.)  SEC.  13.  It  shall  be  the  duty  of  the  supervisor 
°^  ^ne  township  to  assess  the  taxes  voted  by  every  school 
district  in  his  township,  and  also  all  other  taxes  provided 
for  in  this  act,  chargeable  against  such  district  or  town- 
ship, upon  the  taxable  property  of  the  district  or  town- 
ship  respectively,  and  to  place  the  same  on  the  township 
assessment  roll  in  the  column  for  school  taxes,  and  the 


GENERAL  SCHOOL  LAWS. 

same  shall  be  collected  and  returned  by  the  township  treas- 
urer  in   the   same   manner   and   for   the   same   compensation 
as   township   taxes.     If   any    taxes   provided   for   by   law   for  raxes  not  a*, 
school    purposes    shall    fail    to    be    assessed   at   the   proper  JSo'Sfrume. 
time,  the   same   shall   be   assessed   in   the    succeeding    year. 

(§66.)  SEC.   14.     The  supervisor  shall  also  assess  upon  the  Assessment  of 
taxable   property   of  his   township   one   mill   upon  each  dol-  OI 
lar   of   the   valuation   thereof   in   each   year,    and   report   the  HOW  applied, 
aggregate   valuation   of   each   district   to  the  township  clerk, 
who  shall  report  said  amount  to  the  director  of  each  school 
district   in    his    township,    or   to   the   director   of   any    frac- 
tional  school   district   a   portion   of   which   may    be    located 
in   said   township,    before    the    first    day    of    September    of 
each    year;    and   all   money   so   raised   shall    be   apportioned  when  forfeited 
by    the   township   clerk    to    the    district    in    which    it    was bi 
raised;  and  all  money   collected   by    virtue   of   this   act   dur- 
ing  the   year   on   any  property  not   included   in   any    organ- 
ized  district,  or  in  districts  not  having,  during  the  previous 
school   year,   three    months'    school   in   districts   having  less 
than  thirty  children,  or  five  months'  school  in  districts  hav- 
ing  thirty    and   less   than   eight   hundred   children,    or    nine 
months'  school   in   districts   having   eight   hundred   or   more 
children,   as    shown    by    the    last    school    census,    shall    benowappor- 
apportioned    to    the    several    other    school   districts   of   said tl< 
township,   in  the  same  manner  as  the   primary   school   inter- 
est  fund    is   now   apportioned.      All    moneys   accruing   from  where  accrued 
the   one   mill  tax   in  any  township,  before  any  district  shall  J^onJ8  8l 
have   a   legal   school   therein,   shall   belong  to  the  district  in 
which  it  was  raised,   when  they   shall   severally   have   had   a 
three  months'  school   by    a   qualified   teacher. 

•>7.)  SEC.   15.     The   amount    to    be    assessed    upon    the  when  district  is 
taxable  property  of  any  school  district  retaining   the   school-  faxls'toST*1 
house   or   other   property,    on    the  division   of    a   district   as  assessed. 
the   same   shall   have   been    determined    by    the    inspectors, 
shall    be    assessed    by   the   supervisor   in   the   same   manner 
as  if  the   same   had   been   authorized   by   a   a  vote   of   such 

(§65.)  A  supervisor  in  levying  school  taxes  erroneously  included  a  part  of  the  territory 
of  one  district  in  an  adjoining  district ;  and,  when  the  tax  was  collected,  it  was  paid  to  the 
districtl  in  which  the  supervisor  had  included  the  territory  in  question  and  not  to  the 
district  in  which  the  territory  belonged.  These  proceedings  on  the  part  of  the  supervisor 
were  clearly  illegal,  and  the  collection  thereof  could  have  been  successfully  resisted;  or,  if 
the  taxes  had  been  paid  under  protest,  the  parties  paying  could  have  recovered  the  amount 
thus  unlawfully  collected.  It  has  been  held  by  the  Supreme  Court  that  acquiescence 
in  and  payment  of  an  illegal  tax,  estops  the  taxpayer  from  afterwards  complaining  of  it; 
but  the  payment  of  an  illegal  tax,  if  refused,  cannot  be  enforced— (Wattles  vs.  City  of 
Lapeer.  40  Mich.,  625.  The  People  ex  rel.  Gebhart  vs.  East  Saginaw,  30  Mich.,  338).  The 
taxes  thus  illegally  assessed  do  not  belong  to  either  school  district,  therefore  the  one 
cannot  sue  the  other  for  the  recovery  of  such  taxes  improperly  paid.  It  is  not  the  money 
of  the  district  in  whose  hands  it  now  is,  but  it  is  an  illegal  tax  collected  from  individuals, 
paid  voluntarily  and  without  protest,  and  therefore  cannot  be  collected  back ;  for  the 
Supreme  Court  in  the  case  cited  (40  Mich.,  625)  says:  "  If  the  people  taxed  acquiesce  and 
pay  these  taxes,  they  may  not  afterwards  be  heard  to  complain;  but  if  they  refuse,  the 
courts  have  no  power  to  compel  them."  — Fan  Riper,  Atty.  Gen.,  July  24.  1882. 

(§66.)  The  only  statute  I  notice  relative  to  the  assessment  of  school  taxes  is  section 
5090,  Howell's  statutes,  and  subsequent  sections.  They  are  to  be  assessed  upon  the  taxable 
property  of  the  districts  or  township.  I  suppose  the  personal  property  of  residents  of  the 
district,  together  with  the  real  estate  of  each  resident  within  the  district,  would  properly 
be  taxed  to  each  individual,  notwithstanding  the  fact  that  some  of  his  personal  property 
was  without  the  district  and  within  the  township.  If  the  personalty  was  without  the 
township  and  of  that  character  to  be  assessable  to  another  township  another  rule  would 
apply.  I  do  not  think  sections  10  and  11,  Laws  of  18fc5,  applicable  to  school  districts,  or 
that  they  affect  such  taxes  unless  the  property  is  in  another  township  from  where  the 
party  to  be  assessed  resides.— Taggart,  Atty, Gen. 


that  the 
party  tc 


32 


GENERAL  SCHOOL  LAWS. 


Proviso. 


How  such  taxes 
to  be  applied. 


Taxes  in  frac- 
tional districts. 


Proviso— how 
equalized. 


district;  and  the  money  so  assessed  shall  be  placed  to  the 
credit  of  the  taxable  property  taken  from  the  former  dis- 
trict, and  shall  be  in  reduction  of  any  tax  imposed  in  the 
new  district  on  said  taxable  property  for  school  district 
purposes:  Provided,  That  if  the  district  retaining  the 
schoolhouse  shall  vote  to  pay  and  shall  pay,  before  said 
taxes  are  assessed,  any  portion  of  said  amount  to  the  new 
district,  said  amount,  as  shall  be  certified  by  the  moderator 
and  director  of  the  new  district  to  the  supervisor,  shall  be 
deducted  from  the  amount  to  be  assessed  as  provided  in 
this  section.  When  collected,  such  amount  shall  be  paid 
over  to  the  assessor  of  the  new  district,  to  be  applied  to 
the  use  thereof  in  the  same  manner,  under  the  direction 
of  its  proper  officers,  as  if  such  sum  had  been  voted  and 
raised  by  said  district  for  building  a  schoolhouse  or  other 
district  purposes. 

(§68.)  SEC.  16.  The  full  amount  of  all  taxes  to  be  levied 
upon  the  taxable  property  in  a  fractional  school  district 
shall  be  certified  by  the  district  board  to  the  township 
clerk  of  each  township  in  which  such  district  is  in  part 
situated,  and  by  such  township  clerks  to  the  supervisors 
of  their  respective  townships,  and  it  shall  be  the  duty  of 
each  of  said  supervisors  to  certify  to  each  other  supervisor 
interested,  the  amount  of  taxable  property  in  that  part  of 
the  district  lying  in  his  township:  Provided,  That  when 
there  exists  a  manifest  difference  in  the  valuation  of  prop- 
erty assessed  in  fractional  districts  composed  of  territory  in 
adjoining  townships  or  counties,  such  valuation  shall  be 
equalized  for  this  specific  purpose  by  the  supervisors  of  the 
township  interested,  at  a  joint  meeting  held  for  that  pur- 
pose, on  application  of  either  of  the  supervisors  of  said 
townships.  And  such  supervisors  shall  respectively  ascertain 
the  proportion  of  such  taxes,  including  mill  tax,  to  be 
placed  on  their  respective  assessment  rolls,  according  to  the 
amount  of  taxable  property  in  each  part  of  such  district. 
And  if  said  supervisors  cannot  agree  as  to  the  proportion 
of  such  taxes  to  be  placed  on  their  respective  assessment 
rolls,  a  supervisor  from  an  adjoining  township  shall  be 
called  to  meet  with  said  supervisors  in  said  fractional  dis- 
trict and  assist  in  equalizing  said  valuation,  said  super- 
visor to  be  paid  at  the  rate  of  three  dollars  per  diem  for 
the  time  necessarily  employed  in  attendance  at  such  meet- 
ing of  the  supervisors,  and  all  necessary  traveling  expenses 
by  the  townships  in  interest. 

(§69.)  SEC.  17.  The  supervisor,  on  delivery  of  the  war- 
rant for  the  collection  of  taxes  to  the  township  treasurer, 
shall  also  deliver  to  said  treasurer,  a  written  statement  of 
the  amount  of  school  and  library  taxes,  the  amount  raised 
for  district  purposes  on  the  taxable  property  of  each  dis- 
trict in  the  township,  the  amount  belonging  to  any  new 
district  on  the  division  of  the  former  district,  and  the 
names  of  all  persons  having  judgments  assessed  under  the 
provisions  of  this  act  upon  the  taxable  property  of  any 


Statement 
to  township 
treasurer. 


GENERAL  SCHOOL  LAWS.  33 

district,  with  the  amount  payable  to  such  person  on  account 
thereof. 

(§70.)  SEC.   18.     The  supervisor  of   each    township  on   the  statement  to 
delivery   of   the   warrant   for   the   collection   of   taxes  to    the  u°i^¥on<Mnm 
township   treasurer,    shall   also   deliver   to    said    treasurer    a  {JJjJJJJJ ln 
written    statement   certified    by   him    of   the   amount   of   the  district!* 
one-mill    tax    levied    upon    any    property    lying    within    the 
bounds   of   a   fractional   school   district,   a   part   of   which    is 
situate    within  his  township    and   the   returns   of   which    are 
made    to   the   clerk   of  some   other    township;   and   the   said 
township    treasurer   shall   pay   to   the   township   treasurer   of 
such    other   township   the   amount    of    the    taxes    so    levied 
and   certified   to   him    for   the   use   of   such  fractional  school 
district. 

(§71.)  SEC.  19.  Whenever  any  portion  of  a  school  dis- coiiectionand 
trict  shall  be  set  off  and  annexed  to  any  other  dis- 
trict or  organized  into  a  new  one,  after  a  tax  for  district 
purposes  other  than  the  payment  of  any  debts  of  the  dis- 
trict shall  have  been  levied  upon  the  taxable  property 
thereof  but  not  collected,  such  tax  shall  be  collected  in 
the  same  manner  as  if  no  part  of  such  district  had  been 
set  off;  and  the  said  former  district,  and  the  district  to 
which  the  portion  so  set  off  may  be  annexed,  or  the  new 
district  organized  from  such  portion,  shall  each  be  entitled 
to  such  proportion  of  said  tax  as  the  amount  of  taxable 
property  in  each  part  thereof  bears  to  the  whole  amount  of 
taxable  property  on  which  such  tax  is  levied. 

(§72.)  SEC.  20.  [NOTE.— Section  20  was  repealed  by  Sec- 
tion 52  of  Act  number  206,  Public  Acts  of  1893.  See  bot- 
tom of  page.] 

(§73)  SEC.   21.     The  townahip   treasurer   shall,   from    time  Township  treas- 
tu   time,   apply   to   the   county    treasurer   for   all  .school   and  "Snty tourer 
library    moneys   belonging   to   his   township  or    the  districts  ££mone^- 
thereof;  and   on   receipt   of    the    moneys   to   be   apportioned  ii  m^W. 
to   the  districts,   he   shall   notify   the   township   clerk  of  the  SipcHSkoT1" 
amount   to   be   apportioned.  moneys. 

(§74.)  SEC.  22.  Each  treasurer  of  a  township,  to  the  Moneys  due 
clerk  of  which  the  returns  of  any  fractional  school  dis- 
trict shall  be  made,  shall  apply  to  the  treasurer  of  any 
other  township  in  which  any  part  of  such  fractional  school 
district  may  be  situated,  for  any  money  to  which  such  dis- 
trict ma*  be  entitled;  and  when  so  received  it  shall  be 
certified  to  the  township  clerk,  and  apportioned  in  the  same 
manner  as  other  taxes  for  school  purposes. 

(Section  52  of  Act  No.  206,  Public  Acts  of  1893.)  In  case  the  township  treasurer  shall 
not  collect  the  full  amount  of  taxes  required  by  his  warrant  to  be  paid  into  the  township 
treasury,  such  portion  thereof  as  he  shall  collect  shall  be  retained  by  him  to  be  paid  out 
for  the  following  purposes:  The  amount  of  school  taxes  collected  to  be  paid  on  the  order 
of  the  school  district  officers,  the  amount  collected  for  general  township  purposes  to  be 
paid  on  the  order  of  the  township  board,  the  amount  collected  for  highway  purposes  to 
be  paid  on  the  order  of  the  commissioner  of  highways  countersigned  by  the  township 
clerk  or  supervisor,  and  the  amount  collected  for  any  special  fund  to  be  paid  on  the  order 
of  the  proper  officer  ;  but  in  no  case  shall  the  amounts  collected  for  any  one  fund  be  paid 
on  the  orders  drawn  on  any  other  fund. 

5 


34  GENERAL  SCHOOL  LAWS. 

CHAPTER  V. 

COUNTY  CLERK  AND  TREASURER. 

county  cierk  to       (§75.)     SECTION  1.     It   shall   be   the   duty  of   each   county 

p^oTcommu8-"  °lerk  to  receive  all  such  communications,  blanks   and   docu- 

nications,  etc.     ments   as   may   be   directed   to   him    by   the    Superintendent 

of   Public   Instruction,  and   dispose  of  the  same  in  the  man- 

ner  directed   by   said   Superintendent. 

county  cierk          (§76.)  SEC.  2.     The  clerk  of  each  county  shall,  on  receiv- 
ore^rVJo^ts01"     iDg   from  the  secretary  of  the  county  board  of  school  exam- 
iners  the   annual   reports   of  the   several    boards    of    school 
Notice  of  ap-      inspectors,   file  the  same  in  his   office.     On   receiving   notice 
ffSSST*      from     the     Superintendent    of     Public    Instruction    of    the 
amount  of  moneys  apportioned  to   the   several   townships   in 
his   county,  he   shall   file   the   same  in   his   office  and  forth- 
with deliver  a  copy  thereof  to  the  county  treasurer, 
county  treas-         (§77.)  SEC.  3.     The  several  county   treasurers   shall   apply 
{orremont?8ly     for  and   receive   such   moneys    as    shall    have    been    appor- 
appropriated.     tioned    to    their    respective    counties,  when   the   same  shall 
TO  notify  town-   become  due;  and   each   of  said   treasurers  shall  immediately 
give  notice    to    the    treasurer  and   clerk   of   each   township 
in  his  county,  of  the  amount  of  school  moneys  apportioned 
to   his   township,   and   shall   hold   the   same   subject    to    the 
order   of  the   township  treasurer. 

CHAPTER   VI. 

BONDED   INDEBTEDNESS  OF   DISTRICTS. 

Districts  may  (§78.)  SECTION  1.  Any  school  district  may,  by  a  two- 
tllirds  vote  of  the  qualified  electors  of  said  district  pres- 
ent at  any  annual  meeting,  or  a  special  meeting  called  for 
that  purpose  borrow  money,  and  may  issue  bonds  of  the 
district  therefor,  to  pay  for  a  schoolhouse  site  or  sites,  and 

Amount  limited,  to  erect  and  furnish  school  buildings  as  follows:  Districts 
having  less  than  thirty  children  between  five  and  twenty 
years  of  age  may  have  an  indebtedness  not  to  exceed 
three  hundred  dollars;  districts  having  thirty  children  of 
like  age  may  have  an  indebtedness  not  to  exceed  five  hun- 
dred dollars;  districts  having  fifty  children  of  like  a'ge  may 
have  an  indebtedness  not  to  exceed  one  thousand  dollars; 
districts  having  seventy-five  children  of  like  age  may  have 
an  indebtedness  not  to  exceed  two  thousand  dollars ;  districts 
having  one  hundred  children  of  like  age  may  have  an  indebt- 
edness not  to  exceed  three  thousand  dollars;  districts  hav- 
ing one  hundred  twenty-five  children  of  like  age,  and 
with  an  assessed  valuation  of  not  less  than  one  hundred 
fifty  thousand  dollars,  may  have  an  indebtedness  not 
to  exceed  five  thousand  dollars;  districts  having  two  hun- 
dred children  of  like  age  may  have  an  indebtedness  not 


GENERAL  SCHOOL  LAWS. 


Proviso— time 
for  which  bonds 
may  be  Issued. 
Proviso — regu- 
lations at  elec- 
tions to  issue 
bonds. 


to  exceed  eight  thousand  dollars;  districts  having  three  hun- 
dred children  of  like  age  may  have  an  indebtedness  not 
to  exceed  fifteen  thousand  dollars;  districts  having  four 
hundred  children  of  like  age  may  have  an  indebtedness 
not  to  exceed  twenty  thousand  dollars;  districts  having  five 
hundred  children  of  like  age  may  have  an  indebtedness 
not  to  exceed  twenty-five  thousand  dollars;  and  districts 
having  eight  hundred  children  or  more  of  like  age  may 
have  an  indebtedness  not  to  exceed  thirty  thousand  dollars: 
Provided,  That  the  indebtedness  of  a  district  shall  in  no 
case  extend  beyond  ten  years  for  money  borrowed:  Pro- 
vided further,  That  in  all  proceedings  under  this  section 
the  director,  assessor,  and  one  person  appointed  by  the  dis- 
trict board  shall  constitute  a  board  of  inspection,  who 
shall  cause  a  poll  list  to  be  kept  and  a  suitable  ballot- 
box  to  be  used,  which  shall  be  kept  open  two  hours.  The 
vote  shall  be  by  ballot  either  printed  or  written,  or  partly 
printed  and  partly  written,  and  the  canvass  of  the  same 
shall  be  conducted  in  the  same  manner  as  at  township 
elections  or  as  the  laws  governing  the  same  are  applicable; 
and,  when  they  are  not,  the  board  of  inspectors  shall  pre- 
scribe the  manner  in  which  canvass  shall  be  conducted. 

(§79.)  SEC.  2.  Whenever  any  school  district  shall  have 
voted  to  borrow  any  sum  of  money,  the  district  board  of 
such  district  is  hereby  authorized  to  issue  the  bonds  of 
such  district  in  such  form  and  executed  in  such  manner 
by  the  moderator  and  director  of  such  district,  and  in 
such  sums,  not  less  than  fifty  dollars,  as  such  district 
board  shall  direct,  and  with  such  rate  of  interest,  not 
exceeding  eight  per  centum  per  annum  and  payable  at 
such  time  or  times  as  the  said  district  shall  have  directed. 

(§80.)  SEC.  3.  Whenever  any  money  shall  have  been 
borrowed  by  any  school  district,  the  taxable  inhabitants  of 
such  district  are  hereby  authorized  at  any  regular  meeting 
of  such  district,  to  impose  a  tax  on  the  taxable  property 
in  such  district,  for  the  purpose  of  paying  the  principal 
thus  borrowed,  or  any  part  thereof  and  the  interest  thereon, 
to  be  levied  and  collected  as  other  school  district  taxes 
are  collected. 

(§81.)  SEC.  4.  Any  school  district,  whenever  it  shall 
appear  that  the  same  can  be  done  on  terms  advantageous  to 
said  district,  may  borrow  money  to  pay  any  bonded  indebted- 
ness of  said  district  then  existing,  and  issue  further  bonds 
of  said  district  therefor:  Provided,  That  a  majority  of  the 
qualified  voters  of  said  district  shall  so  determine,  at  an 
annual  or  special  meeting  called  for  that  purpose,  and  that 
the  notice  of  such  meeting,  whether  annual  or  special,  shall 
state  the  intention  to  take  such  vote. 


Issuing  bonds 
for  money  bor- 
rowed. 


Interest 
thereon. 


Voters  may 
raise  tax  to  re- 
deem bonds. 


District  may 
borrow  money 
to  pay  bonds 
and  issue  fur- 
ther bonds. 


36 


GENERAL  SCHOOL  LAWS. 


CHAPTER   VII. 


SUITS   AND   JUDGMENTS   AGAINST   DISTRICTS. 


See  App.  A, 

HIT  97,  109. 

Justices  to  have 
jurisdiction  in 
certain  cases. 


Suit  against 
district,  how 
commenced. 


No  execution  to 
issue  against 
district. 


Assessor  to  cer- 
tify to  supervis- 
or's judgment 
against  district. 


When  assessor 
fails  to  certify, 
how  party  may 
proceed. 


How  judgment 
certified  in  case 
of  fractional 
district. 


Supervisors  to 
assess  amount 
of  judgment. 


How  collected 
and  returned. 


(§82.)  SECTION  1.  Justices  of  the  peace  shall  have  jur- 
isdiction in  all  oases  of  assumpsit,  debt,  covenant,  and  tres- 
pass on  the  case  against  school  districts,  when  the  amount 
claimed  or  matter  in  controversy  shall  not  exceed  one  hun- 
dred dollars;  and  the  parties  shall  have  the  same  right  of 
appeal  as  in  other  cases. 

(§83.)  SEC.  2.  When  any  suit  shall  be  brought  against 
a  school  district,  it  shall  be  commenced  by  summons,  a 
copy  of  which  shall  be  left  with  the  assessor  of  the  dis- 
trict at  least  eight  days  before  the  return  day  thereof. 

(§84.)  SEO.  3.  No  execution  shall  issue  on  any  judgment 
against  a  school  district,  nor  shall  any  suit  be  brought 
thereon,  but  the  same  shall  be  collected  in  the  manner 
prescribed  in  this  act. 

(§85.)  SEC.  4.  Whenever  any  final  judgment  shall  be 
obtained  against  a  school  district,  if  the  same  shall  not  be 
removed  to  any  other  court,  the  assessor  of  the  district 
shall  certify  to  the  supervisor  of  the  township  and  to  the 
director  of  the  district,  the  date  and  amount  of  such  judg- 
ment, with  the  name  of  the  person  in  whose  favor  the 
same  was  rendered;  and  if  the  judgment  shall  be  removed 
to  another  court,  the  assessor  shall  certify  the  same  as 
aforesaid,  immediately  after  the  final  determination  thereof 
against  the  district. 

(§86.)  SEC.  5.  If  the  assessor  shall  fail  to  certify  the 
judgment  as  required  in  the  preceding  section,  it  shall  be 
lawful  for  the  party  obtaining  the  same,  his  executors, 
administrators,  or  assigns  to  file  with  the  supervisor  the 
certificate  of  the  justice  or  clerk  of  the  court  rendering 
the  judgment  showing  the  facts  which  should  have  been 
certified  by  the  assessor. 

(§87.)  SEC.  6.  If  the  district  against  whom  any  such 
judgment  shall  be  rendered  is  situated  in  part  in  two  or 
more  townships,  a  certificate  thereof  shall  be  delivered  as 
aforesaid  to  the  supervisors  of  each  township  in  which  such 
district  is  in  part  situated. 

(§88.)  SEC.  7.  The  supervisor  or  supervisors  receiving 
either  of  the  certificates  of  a  judgment  as  aforesaid  shall 
proceed  to  assess  the  amount  thereof,  with  interest  from 
the  date  of  the  judgment  to  the  time  when  the  warrant 
for  the  collection  thereof  will  expire,  upon  the  taxable  prop- 
erty of  the  district,  placing  the  same  on  the  next  town- 
ship assessment  roll  in  the  column  for  school  taxes;  and 
the  same  proceedings  shall  be  had,  and  the  same  shall  be 
collected  and  returned,  in  the  same  manner  as  other  district 
taxes. 


GENERAL  SCHOOL  LAWS. 


37 


CHAPTER   VIII. 


SITES   FOR    SCHOOLHOUSES. 


(§89.)  SECTION  1.  The  qualified  voters  of  any  school  dis- 
trict, when  lawfully  assembled,  may  designate  by  a  vote  of 
two-thirds  of  those  present,  such  number  of  sites  as  may  be 
desired  for  schoolhouses,  and  may  change  the  same  by  a 
similar  vote  at  any  annual  meeting.  When  no  site  can  be 
established  by  such  inhabitants  as  aforesaid,  the  school 
inspectors  of  the  township  or  townships  in  which  the  dis- 
trict is  situated  shall  determine  where  such  site  shall  be, 
and  their  determination  shall  be  certified  to  the  director 
of  the  district,  and  shall  be  final,  subject  to  alteration 
afterward  by  the  inspectors,  on  the  written  request  of  two- 
thirds  of  the  qualified  voters  of  the  district,  or  by  two- 
thirds  of  the  qualified  voters  agreeing  upon  a  site,  at  a 
district  meeting  lawfully  called. 

(§90.)  SEC.  2.  Whenever  a  site  for  a  schoolhouse  shall 
be  designated,  determined,  or  established  in  any  manner 
provided  by  law,  in  any  school  district,  and  such  district 
shall  be  unable  to  agree  with  the  owner  or  owners  of  such 
site  upon  the  compensation  to  be  paid  therefor,  or  in  case 
such  district  shall,  by  reason  of  any  imperfection  in  the 
title  to  said  site,  arising  either  from  break  in  the  chain 
of  title,  tax  sale,  mortgages,  levies,  or  any  other  cause,  be 
unable  to  procure  a  perfect,  uninoumbered  title,  in  fee  sim- 
ple to  said  site,  the  district  board  of  such  district  shall 
authorize  one  or  more  of  ite  members  to  apply  to  the  cir- 
cuit judge,  if  there  be  one  in  the  county,  or  to  a  circuit 
court  commissioner  of  the  county,  or  to  any  justice  of  the 
peace  of  the  city  or  township  in  which  such  school  district 
shall  be  situated,  for  a  jury  to  ascertain  and  determine  the 
just  compensation  to  be  made  for  the  real  estate  required 
by  such  school  district  for  such  site,  and  the  necessity  for 
using  the  same,  which  application  shall  be  in  writing  and 
shall  describe  the  real  estate  required  by  such  district  as 
accurately  as  is  required  in  a  conveyance  of  real  estate: 
Provided,  That  whenever  any  school  district  shall  have 
designated,  selected,  or  established,  in  any  manner  provided 
by  Taw,  a  schoolhouse  site,  such  selection,  designation,  or 
establishment  shall  be  prima  facie  evidence  to  said  jury  of 
the  necessity  to  use  the  site  so  established. 

(§91.)  SEC.  3.  It  shall  be  the  duty  of  such  circuit  judge, 
circuit  court  commissioner,  or  justice  of  the  peace,  upon 
such  application  being  made  to  him,  to  issue  a  summons, 
or  venire,  directed  to  the  sheriff  or  any  constable  of  the 
county,  commanding  him  to  summon  eighteen  freeholders 
residing  in  the  vicinity  of  such  site,  who  are  in  no  wise 
of  kin  to  the  owner  of  such  real  estate  and  not  interested 
therein,  to  appear  before  such  judge,  commissioner,  or  jus- 
tice, at  the  time  and  place  therein  named,  not  less  than 


See  App.  A, 
Iffl  H4, 124. 
Voters  to  deslg- 
iiate  sites. 


When  Inspect- 
ors shall  deter- 
mine site. 


See  App.  B, 
form  17. 


Disagreement 
upon  compensa- 
tion for  Bite. 


Board  to  apply 
for  a  jury. 


Contents  of 
application. 


Proviso — evi- 
dences of  necee- 
slty  for  Bite. 


Jury  to  be 
summoned. 


38 


GENERAL    SCHOOL  LAWS. 


Owner  to  be 
notified. 


Notice  in  case 
owner  is  un- 
known, etc. 


twenty  nor  more  than  fifty  days  from  the  time  of  issuing 
such  summons,  or  venire,  as  a  jury  to  ascertain  and  deter- 
mine the  just  compensation  to  be  made  for  the  real  estate 
required  by  such  school  district  for  such  site,  and  the 
necessity  for  using  the  same,  and  to  notify  the  owner  or 
occupant  of  such  real  estate,  if  he  can  be  found  in  the 
county,  of  the  time  when  and  the  place  where  such  jury  is 
summoned  to  appear,  and  the  object  for  which  such  jury  is 
summoned,  which  notice  shall  be  served  at  least  ten  days 
before  the  time  specified  in  such  summons,  or  venire,  for 
the  jury  to  appear  as  hereinbefore  mentioned. 

(§92.)  SEC.  4.  Thirty  days'  previous  notice  of  the  time 
when  and  the  place  where  such  jury  will  assemble  shall 
be  given  by  the  district  board  of  such  district,  where  the 
owner  or  owners  of  such  real  estate  shall  be  unknown, 
non-residents  of  the  county,  minors,  insane,  non  compos 
mentis,  or  inmates  of  any  prison,  by  publishing  the  same 
in  a  newspaper  published  in  the  county  where  such  real 
estate  is  situated;  or,  if  there  be  no  newspaper  published 
in  such  county,  then  in  some  newspaper  published  in  the 
nearest  county  where  a  newspaper  is  published,  once  in 
each  week  for  four  successive  weeks,  which  notice  shall  be 
signed  by  the  district  board  or  by  the  director  or  assessor 
of  such  district,  and  shall  describe  the  real  estate  required 
for  such  site,  and  state  the  time  when  and  place  where 
such  jury  will  assemble  and  the  object  for  which  they 
will  assemble ;  or  such  notice  may  be  served  on  such  owner 
personally,  or  by  leaving  a  copy  thereof  at  his  last  place 
of  residence. 

(§93.)  SEC.  5.  It  shall  be  *he  duty  of  such  judge,  com- 
missioner, or  justice,  and  of  the  persons  summoned  as  jurors, 
as  hereinbefore  provided,  and  of  the  sheriff  or  constable 
summoning  them,  to  attend  at  the  time  and  place  specified 
in  such  summons,  or  venire;  and  the  officer  who  summoned 
the  jury  shall  return  such  summons,  or  venire,  to  the  officer 
who  issued  the  same,  with  the  names  of  the  persons  sum- 
moned by  him  as  jurors,  and  shall  certify  the  manner  of 
notifying  the  owner  or  owners  of  such  real  estate,  if  he  was 
found;  and  if  he  could  not  be  found  in  said  county,  he 
shall  certify  that  fact.  Either  party  may  challenge  any  of 
the  said  jurors  for  the  same  causes  as  in  civil  actions. 
If  more  than  twelve  of  said  jurors  in  attendance  shall  be 
found  qualified  to  serve  as  jurors,  the  officers  in  attend- 
ance and  who  issued  the  summons,  or  venire,  for  such 
jury,  shall  strike  from  the  list  of  jurors  a  number  suffi- 
cient to  reduce  the  number  of  jurors  in  attendance  to 
twelve;  and  in  case  less  than  twelve  of  the  number  so 
summoned  as  jurors  shall  attend,  the  sheriff  or  constable 
shall  summon  a  sufficient  number  of  freeholders  to  make 
up  the  number  of  twelve;  and  the  officer  issuing  the  sum- 
mons, or  venire,  for  such  jury  may  issue  an  attachment  for 
any  persons  summoned  as  a  juror  who  shall  fail  to  attend, 
and  may  enforce  obedience  to  such  summons,  venire,  or 


Return  of 

venire  and 
proceedings 
thereon. 


Attachment 
may  issue  to ' 
enforce  obedi- 
ence to  process. 


GENERAL  SCHOOL  LAWS.  39 

attachment,    as    courts    of    record    or    justices'    courts    are 
authorized   to   do   in   civil   cases. 

(§94.)  SEC.  6.     The   twelve   persons    selected   as   the  jury  jury  to  be 
shall  be  duly  sworn  by  the  judge,  commissioner,  or  justice  in  8worn' 
attendance,   faithfully  and   impartially   to   inquire,   ascertain, 
and  determine  the  just  compensation  to  be  made  for  the  real 
estate  required  by  such  school  district  for  such  site,  and  the 
necessity   for   using   the   same   in   the   manner  proposed    by 
such   school  district;  and  the  persons  thus   sworn  shall  con- 
stitute the  jury  in  such  case.     Subpoenas  for  witnesses  may  subpoenas  for 
be   issued,  and   their  attendance   compelled   by  such   circuit wl 
judge,  commissioner,  or  justice  in  the  same  manner  as  may  be 
done  by  the  circuit  court  or  by  a  justice's  court  in  civil  cases. 
The   jury   may   visit   and   examine   the   premises    and,    from  jury 
suoh  examination  and  such  other  evidences  as   may   be   pre- 
sented  before  them,  shall  ascertain  and  determine  the  neces- 
sity  for  using   such   real   estate   in   the  manner  and  for  the 
purpose  proposed  by  such  school  district,  and  the  just   com- 
pensation  to   be   made   therefore;    and    if    such    jury    shall 
find   that   it   is  necessary  that  such  real  estate  shall  be  used 
in   the   manner   or   for  the  purpose  proposed  by  such  school 
district,  they  shall  sign  a  certificate  in   writing,  stating   that 
it   is   necessary   that   said   real   estate,    describing   it,  should 
be  'used   as   a   site   for   a   schoolhouse  for  such  district,  also  TO  determine 
stating   the   sum   to   be   paid   by   such  school  district  as  theJggS?* 
just   compensation   for   the   same.     The   said    circuit    judge,  court  to  mate 
circuit    court    commissioner,    or  justice   of  the   peace,  shall ce 
sign   and   attach   to,  and   endorse   upon   the   certificate   thus 
subscribed   by   the   said  jurors,  a   certificate  stating  the  time 
when  and  the  place  where  the  said  jury  assembled,  that  they 
were   by   him  duly  sworn  as  herein  required,   and  that  they 
subscribed  the  said  certificate.     He  shall  also  state  in  such 
certificate  who  appeared  for   the   respective   parties   on   such 
hearing   and   inquiry,   and   shall   deliver   such   certificates   to 
the  director    or    to    any    member    of   the   district   board   of 
such   school   district. 

(§95.)    SEC.  7.     Upon   filing   such    certificates   in   the   cir- collection  of 
ouit   court   of   the  county  where  such  real  estate  is  situated,  Jud*ment- 
such    court   shall,   if   it   finds    all    the    proceedings    regular, 
render    judgment    for    the    sum   specified   in   the   certificate 
signed   by   such   jury,   against    such    school    district,    which 
judgment    shall    be    collected    and    paid   in    the   manner   as 
other  judgments   against   school    districts   are  collected   and 
paid. 

(§96.)  SEC.  8.     In   case   the    owner    of    such    real    estate  wnen  owner  is 
shall   be  unknown,  insane,   non  compos  mentis,  or  an  infant, 
or   cannot   be   found   within   such  county,   it  shall  be  lawful 
for   the   said   school   district   to   deposit   the  amount  of  such 
judgment    with    the    county    treasurer   of   such   county,   for drawn- 
the   use   of   the   person   or   persons   entitled    thereto;   and    it 
shall  be  the  duty  of  such  county    treasurer   to   receive   such 
money,  and   at   the   time   of  receiving  it,   to   give   a   receipt 
or  certificate   to   the   person   depositing   the  same  with  him, 


or   oei 


40 


GENERAL  SCHOOL  LAWS. 


Proviso — how 
money  to  be 
drawn  from 
county  treas- 
urer. 

On  payment 
court  to  decree 
title  vested  in 
district. 


Copy  of  decree 
to  be  recorded. 


stating  the  time  when  such  deposit  was  made,  and  for  what 
purpose;  and  such  county  treasurer  and  his  sureties  shall 
be  liable  on  his  bond  for  any  money  which  shall  come 
into  his  hands  under  the  provisions  of  this  act,  in  case 
he  shall  refuee  to  pay  or  account  for  the  same,  as  herein 
required :  Provided,  That  no  such  money  shall  be  drawn 
from  such  county  treasurer,  except  upon  an  order  of  the 
circuit  court,  circuit  court  commissioner,  or  judge  of  pro- 
bate, as  hereinafter  provided. 

(§97.)  SEC.  9.  Upon  satisfactory  evidence  being  presented 
to  the  circuit  court  of  the  county  where  such  real  estate 
lies,  that  such  judgment  or  the  sum  ascertained  and  deter- 
mined by  the  jury  as  the  just  compensation  to  be  paid 
by  such  district  for  such  site,  has  been  paid,  or  that  the 
amount  thereof  has  been  deposited  according  to  the  pro- 
visions of  the  preceding  sections,  such  court  shall,  by  an 
order  or  decree,  adjudge  and  determine  that  the  title  in 
fee  of  such  real  estate  shall,  from  the  time  of  making 
such  payment  or  deposit,  forever  thereafter  be  vested  in 
such  school  district  and  its  successors  and  assigns,  and 
shall,  in  and  by  such  order  dr  decree,  award  to  such  school 
district  a  writ  of  possession  for  the  recovery  of  the  pos- 
session of  such  real  estate;  a  copy  of  which  order  or 
decree,  certified  by  the  clerk  of  said  county,  shall  be 
recorded  in  the  office  of  the  register  of  deeds  of  such 
county,  and  the  title  of  such  real  estate  shall  thenceforth, 
from  the  time  of  making  such  payment  or  deposit,  be 
vested  forever  thereafter  in  such  school  district  and  its 
successors  and  assigns  in  fee. 

(§98.)  SEC.  10,  Such  school  district  may,  at  any  time 
after  making  payment  or  deposit  hereinbefore  required, 
enter  upon  and  take  possession  of  such  real  estate  for  the 
use  of  said  district.  And  it  shall  be  the  duty  of  the 
county  clerk  of  said  county,  on  the  request  of  said  school 
district,  to  issue  out  of  and  under  the  seal  of  the  circuit 
court  of  said  county,  a  writ  of  possession  as  awarded  in 
such  order  or  decree,  which  writ  shall  be  directed  to  the 
sheriff  of  said  county,  and  shall  be  tested  and  made 
returnable,  and  shall  be  substantially,  so  far  as  may  be, 
in  the  same  form  provided  for  writs  of  possession  in 
actions  of  ejectment;  and  it  shall  be  the  duty  of  such 
sheriff  thereupon  to  remove  the  respondent  or  respondents 
in  such  proceedings,  and  all  persons  holding  under  them 
or  either  of  them,  from  the  real  estate  described  in  such 
decree  and  in  such  writ,  and  deliver  the  possession  thereof 
with  the  appurtenances  to  such  school  district, 

(§99.)  SEC.  11.  In  case  the  jury  hereinbefore  provided 
for  shall  not  agree,  another  jury  may  be  summoned  in  the 
same  manner,  and  the  same  proceedings  may  be  had, 
except  that  no  further  notice  of  the  proceedings  shall  be 
necessary;  but  instead  of  such  notice,  the  judge,  commis- 
sioner, or  justice  may  adjourn  the  proceedings  to  such  time 
as  he  shall  think  reasonable,  not  exceeding  thirty  days,  and 


When  district 
to  take  pos- 
session. 


Writ  of  posses- 
sion to  be  issued 
by  county  clerk 
to  sheriff. 


Sheriff  to  re- 
move respond- 
ent. 


When  jury  dis- 
agrees, proceed- 
ings may  be 
adjourned  and 
new  jury 
summoned. 


w£A  GENERAL  SCHOOL  LAWS.  41 

shall    make    the    process    to   summon   a   jury   returnable   at 
such    time    and    place    as    the    said    proceedings    shall    be 
adjourned    to.     Such    proceedings    may    be   adjourned   from  Adjournments 
time   to  time  by  the  said  judge,  or  commissioner,  or  justice,  S^montht 
on   the   application    of   either   party    and   for  good  cause,   to 
be   shown   by   the    party    applying    for    such    adjournment, 
unless   the   other   party   shall   consent   to  such  adjournment; 
but   such  adjournment  shall  not  in  all  exceed  three  months. 

(§100.)  SEC.    12.     In    case    the    said    schoolhouse    site   is  proceedings  m 
encumbered    by    mortgage,    levy,    tax    sale   or   otherwise,   as  £SnceBlacum~ 
aforesaid,    the   mortgagee   or   other   parties    claiming    to    be 
interested   in   said   title   shall   severally   be   made  a  party   to 
the   procedure   as   aforesaid,    and   shall   be   authorized,   upon 
the  filing  of  the  certificate  of  the  jury   in   the   circuit   court 
of    said    county,    to    appear    before    the    circuit  judge   and 
make   proof  relative   to   their    proportionate    claims    to    the 
said    site,    or    the    compensation     to    be    made    therefor   as 
determined   by   said  jury.     And  the  said  circuit  judge  shall,  Duty  of  circuit 
by   decree,  settle  their  several  claims  in  accordance  with  the  3udge8- 
rights   of  the  parties  respectively,  and   may   divide   the   sum 
awarded   by    said    jury    between    the    claimants    as    in    his 
judgment    will    be    equitable    and    right,  rendering   against 
said   district   a  separate  *  judgment  for  each  of  the  amounts 
so   awarded. 

(§101.)  SEC.  13.  The  circuit  judge,  judge  of  probate,  or  HOW  money 
circuit  court  commissioner  of  any  county  where  any  money  J 
has  been  deposited  with  the  county  treasurer  of  such  county, 
as  hereinbefore  provided,  shall,  upon  the  written  applica- 
tion of  any  person  or  persons  entitled  to  such  money,  and 
upon  receiving  satisfactory  evidence  of  the  right  of  such 
applicant  to  the  money  thus  deposited,  make  an  order 
directing  the  county  treasurer  to  pay  the  money  thus 
deposited  with  him  to  said  applicant;  and  it  shall  be  the 
duty  of  soch  county  treasurer,  on  the  presentation  of  such 
order,  with  the  receipt  of  the  person  named  therein 
indorsed  on  said  order  and  duly  acknowledged,  in  the  same 
manner  as  conveyances  of  real  estate  are  required  to  be 
acknowledged,  to  pay  the  same;  and  such  order,  with  the 
receipt  of  the  applicant  or  person  in  whose  favor  the  same 
shall  be  drawn,  shall,  in  all  courts  and  places,  be  presump- 
tive evidence  in  favor  of  such  county  treasurer,  to  exon- 
erate him  from  all  liability  to  any  person  or  persons  for 
said  money  thus  paid  by  him. 

(§102.)  SEC.  14.  Circuit  judges,  circuit  court  com  mis- compensation 
sioners,  and  justices  of  the  peace,  for  any  services  rendered 
under  the  provisions  of  this  act,  shall  be  entitled  to  the 
same  fees  and  compensation  as  for  similar  services  in  other 
special  proceedings.  Jurors,  constables,  and  sheriffs  shall 
be  entitled  to  the  same  fees  as  for  like  services  in  civil 
cases  in  the  circuit  court. 

(§103.)  SEC.   15.     In   case   any  circuit  judge,  circuit  court  eic 
commissioner,    or    justice    of    the   peace,   who   shall   issue   a  attend,  another 

may  finish  pro- 
ceedings. 


42 


GENERAL  SCHOOL  LAWS. 


summons,  or  venire,  for  a  jury,  shall  be  unable  to  attend 
to  any  of  the  subsequent  proceedings  in  such  case,  any 
other  circuit  court  commissioner  or  justice  of  the  peace 
may  attend  and  finish  said  proceedings. 


CHAPTER   IX. 


APPEALS   FROM   ACTION   OF   INSPECTORS. 


See  A  pp.  A, 
>  163- 


When  electors 
may  appeal. 


How  made  in 
fractional 

districts. 


Powers  and 
duties  of  town- 
ship board. 


Appellants  to 
file  statement 
of  cause. 


Appellants  to 
execute  bond. 


Where  filed. 


(§104.)  SECTION  1.  Whenever  any  five  or  more  tax  pay- 
ing electors,  having  taxable  property  within  any  school  dis- 
trict, shall  feel  themselves  aggrieved  by  any  action,  order, 
or  decision  of  the  board  of  school  inspectors,  with  refer- 
ence to  the  formation,  or  any  division,  or  consolidation  of 
said  school  district,  they  may,  at  any  time  within  sixty  days 
from  the  time  of  such  action  on  the  part  of  said  school 
inspectors,  appeal  from  such  action,  order,  or  decision  of 
said  board  of  school  inspectors  to  the  township  board  of 
the  township  in  which  such  school  district  is  situated;  and 
in  case  of  fractional  school  districts  notice  of  such  appeal 
shall  be  served  on  the  clerk  of  the  joint  boards  of  school 
inspectors  who  have  made  the  decision  appealed  from,  who 
shall,  within  five  days,  give  notice  thereof  to  the  township 
boards  of  the  several  townships  in  which  the  different 
parts  of  said  fractional  school  district  are  situated,  who 
shall  have  power  and  whose  duty  it  shall  be,  acting  jointly, 
to  entertain  such  appeal,  and  review,  confirm,  set  aside,  or 
amend  the  action,  order,  or  decision  of  the  board  of  school 
inspectors  thus  appealed  from;  or  if  in  their  opinion  the 
appeal  is  frivolous  or  without  sufficient  cause,  they  may 
summarily  dismiss  the  same. 

(§105.)  SEC.  2.  Said  appellants  shall,  before  taking  such 
appeal,  make  out  and  file  with  the  board  of  school  inspect- 
ors, or  in  case  of  fractional  school  districts,  to  the  clerk 
of  the  joint  boards  of  school  inspectors,  a  written  state- 
ment to  be  signed  by  said  appellants,  setting  forth  in 
general  terms  the  action,  order,  or  decision  of  the  board 
or  boards  of  school  inspectors  with  respect  to  which  the 
appellants  feel  themselves  aggrieved,  and  their  demand  for 
an  appeal  therefrom  to  the  township  board  or  boards  of 
said  township  or  townships,  and  shall  also  cause  to  be 
executed  and  signed  by  one  of  their  number,  and  by  two 
good  and  sufficient  sureties,  to  be  approved  by  the  clerk 
of  said  board  or  joint  boards  of  school  inspectors  or  by 
any  justice  of  the  peace  of  the  township,  and  file  with 
the  clerk  of  said  board  or  joint  boards  of  school  inspectors, 
a  bond  to  the  people  of  the  State  of  Michigan  in  the 
penal  sum  of  two  hundred  dollars,  conditioned  for  the  due 
prosecution  of  said  appeal  before  said  township  board  or 
boards  acting  jointly,  and  also,  in  case  of  the  dismissal  of 
said  appeal  as  frivolous  by  said  township  board  or  joint 
boards,  for  the  payment  by  said  appellants  of  all  costs 


GENERAL  SCHOOL  LAWS.  43 

occasioned   to   the   township    or  townships  by  reason  of  said 
appeal. 

(£106.)  SEC.  3.     Upon   the   filing   of    such   appeal,   papers  Duty  of  inspect- 
and    bond    with    the   said   board    or  joint   boards   of   school  "8r8flJ^n  appeal 
inspectors,   the  said  board   or  joint  boards  of  school  inspect- 
ors   shall,   within    ten    days   thereafter,    make    out    and    file 
with  the  clerk  of  said   township   in    which    the   said   school- 
house   is   located,  a  full  and  complete  transcript  of  all  their 
proceedings,   actions,   orders,   or  decisions,   with    reference   to 
which    the   appeal   is   taken,    and    of    their    records    of    the 
same,  also  said  bond  and  appeal  papers,  and  all  petitions  and 
remonstrances,  if  any,  with  reference  to  the  matters  appealed 
from;  and  upon  the  filing  of  the  same  with    the   said   town- when  township 
ship   clerk,   the    said    township    board    or    boards    shall    beJJJJiS?1 
deeemd   to   be   in   possesson   of   the  case,   and    if   the   return  of  case. 
be   deemed   by   them    insufficient,   may    order   a   further   and 
more   complete    return    by    said   board    or   boards   of   school 
inspectors;  and  when  such  return  shall  by  them    be   deemed  proceedings  in 
sufficient,   they   shall   proceed   with    the  consideration  of  the  theappeal< 
appeal,   at   such    time   or   times,   within    ten  days   after   such 
return,   and   in    such    manner   and    under    such    affirmation, 
amendment   or   reversal   of   the   action,   order,   or  decision  of 
the   board   or   boards   of   school  inspectors  appealed  from,  as 
in    their   judgment   shall   seem    to   be   just   and  right;  or,   if 
they  deem  the  appeal  to  be   frivolous,  they   may   summarily  when  members 
dismiss  the  same;  but  the  decision  of   said  board  or  boards 
of   school   inspectors   shall  not  be  altered  or  reversed,  unless 
a  majority  of  such  township  board   or   boards,  not   members 
of  said    board    or    boards    of    school    inspectors,    shall    Bo 
determine. 


/  r*  -i  s\?* 


CHAPTER    X. 

GRADED   SCHOOL    DISTRICTS. 


(§107.)      SECTION  1.     Any  school  district  containing  more  seeApp.  A, 
than    one   hundred   children    between    the   ages   of    five    and " 
twenty    years    may,    by    a   two-thirds   vote   of   the   qualified  what  districts 
electors   present   at   any   annual  or  special  meeting,  organize  "/suchf" 
as   a   graded   school   district:     Provided.  That   the   intention  proviso, notice 

of  meeting. 

(§107.')  Elections  held  in  graded  school  districts  wherein  two  trustees  were  balloted 
for  at  the  same  time,  on  joint  ballot,  are  void,  and  no  person  has  been  legally  elected.  It 
has  frequently  been  held  that,  if  a  ballot  contains  the  names  of  two  persons  for  the  same 
office,  when  but  one  is  to  be  chosen,  it  is  bad  as  to  both.  The  election  of  two  trustees  on 
two  separate  ballots,  would  be  good  aa  to  the  first  one  chosen,  and  void  as  to  the  second. 
As  it  is  the  policy  of  the  law  to  uphold  elections  where  the  choice  of  the  people  can  be 
ascertained,  the  one  first  elected  having  received  the  necessary  vote  is  the  choice  of  the 
electors,  and  such  action  of  the  district  is  valid  as  to  him.  As  the  amendment  of  1883  does 
not  repeal  Section  1,  Act  X,  only  so  far  as  it  is  in  conflict  therewith,  and  aa  both  statutes 
provide  that  trustees  shall  hold  over  until  their  successors  shall  be  elected  and  qualified, 
the  old  board  remain  in  office  until  a  valid  election  is  had.  The  law  makes  no  provision 
for  a  special  election  for  trustees  of  graded  schools,  hence  where  the  regular  election  was 
void  there  can  be  no  special  election  to  fill  the  office.  No  election  can  be  held  without  a 
law  providing  therefor,  hence  the  law  that  both  trustees  hold  over  is  in  full  force  whenever 
there  was  a  failure  to  elect,  as  provided  by  statute.  Section  2,  chapter  3,  of  the  school  law 
applies  only  to  officers  of  district  schools  and  not  to  trustees  of  graded  schools,  and  only 
permits  a  special  election  where  two  vacancies  exist.  The  trustees  have  no  power  under 
Section  2,  chapter  X.  to  appoint  a  trustee  where  there  has  been  a  failure  to  elect,  but  can 
only  fill  vacancies,  as  in  case  of  death,  resignation,  or  removal.— Fan  Riper,  Atty.  Gen., 
July  26,  1883. 


44 


GENERAL  SCHOOL  LAWS. 


Term  of  office. 


Proviso. 


to  take  such  vote  shall  be  expressed  in  the  notice  of  such 
Election  of  annual  or  special  meeting.  When  such  change  in  the 
organization  of  the  district  shall  have  been  voted,  the  voters 
at  such  annual  or  special  meeting  shall  proceed  immedi- 
ately to  elect  by  ballot  from  the  qualified  voters  of  the 
district  one  trustee  for  the  term  of  one  year,  two  for  the 
term  of  two  years,  and  two  for  a  term  of  three  years,  and 
annually  thereafter  a  successor  or  successors  to  the  trustee 
or  trustees  whose  term  of  office  shall  expire:  Provided 
also,  In  all  districts  organized  prior  to  the  year  eighteen 
hundred  eighty-three,  there  shall  be  one  trustee  elected 
at  the  annual  meeting  for  the  year  eighteen  hundred 
eighty-three,  and  thereafter  there  shall  be  elected  a  trustee 
or  trustees  in  the  manner  aforesaid,  whose  term  of  office 
shall  be  three  years  and  until  his  or  their  successor  or 
successors  shall  have  been  elected  and  filed  his  or  their 
acceptance:  Provided  also,  That  in  the  election  of  trustees 
and  all  other  school  officers,  the  person  receiving  a  major- 
ity of  all  the  votes  shall  be  declared  elected. 

(§108.)  SEC.  2.  Within  ten  days  after  their  election  such 
trustees  shall  file  with  the  director  acceptances  of  the 
offices  to  which  they  have  been  elected,  and  shall  annually 
elect  from  their  own  number  a  moderator,  a  director,  and 
assessor,  and  for  cause  may  remove  the  same,  and  may 
appoint  others  of  their  own  number  in  their  places,  who 
shall  perform  the  duties  prescribed  by  law  for  such  officers 
in  other  school  districts  in  this  State,  except  as  herein- 
after provided.  The  trustees  shall  have  power  to  fill  any 
vacancy  that  may  occur  in  their  number,  till  the  next 
annual  meeting.  Whenever,  in  any  case,  the  trustees  shall 
fail,  through  disagreement  or  neglect,  to  elect  the  officers 
named  in  this  section,  within  twenty  days  next  after  the 
annual  meeting,  the  school  inspectors  of  the  township  or 
city  to  which  such  district  makes  its  annual  report  shall 
appoint  the  said  officers  from  the  number  of  said  trustees. 

(§109.)  SEC.  3.  It  shall  be  the  duty  of  the  board  of 
trustees  of  any  graded  school  district: 

First,  To  classify  and  grade  the  pupils  attending  school 
in  such  district,  and  cause  them  to  be  taught  in  such 
schools  or  departments  as  they  may  deem  expedient; 

Second,  To  establish  in  such  district  a  high  school,  when 
ordered  by  a  vote  of  the  district  at  an  annual  meeting, 
and  to  determine  the  qualifications  for  admission  to  such 
school  and  the  fees  to  be  paid  for  tuition  in  any  branches 
taught  therein :  Provided,  That  when  non-resident  pupils, 
their  parents,  or  guardians,  shall  pay  a  school  tax  in  said 

(§109,  IT  4.)  The  question  is  as  to  whether  the  board  of  trustees  of  a  graded  school 
can  employ  a  mnsic  teacher  who  has  not  passed  the  regular  examination  required  of 
other  teachers  and  received  a  certificate  required  by  section  5153  of  Howell's  Statutes 
(Sec.  4,  Chap.  11,  School  Laws)  ?  It  would  be  most  difficult  to  imagine  that  an  examina- 
tion in  the  several  branches  and  studies  specified  in  the  statutes  would  show  sufficiently 
the  qualifications  of  the  applicants  to  teach  either  mnsic  or  drawing.  I  do  not  think  the 
statutes  applicable  to  such  teachers,  nor  does  there  appear  to  be  any  which  is.  The  board 
probably  has  and  will  be  held  by  the  courts  to  possess  such  authority,  still  it  is  not  a  ques- 
tion free  from  doubt,  and  additional  legislation  may  be  desirable. — Taggart,  Attorney  Gen- 
eral, July  26,  1886. 


Majority  vote 
necessary  to 
elect. 


Acceptance  of 
office  to  be  filed. 
See  App.  B, 
form  5. 

Officers  to  be 
elected  by 

trustees. 


Vacancy  in 
board,  how 
filled. 

When  Inspectors 
shall  appoint 
officers. 
See  App.  B, 
form  15. 


Duty  of  trustees. 


To  classify 
pupils. 


To  establish 

high  schools, 

etc. 

See  App.  A, 

HH 142,  143. 

Proviso  as  to 
non-resident 
pupils'  tuition. 


GENERAL  SCHOOL  LAWS.  45 

district,  the  same  shall  be  credited  on  their  tuition  a  sum 
not  to  exceed  the  amount  of  such  tuition;  and  they  shall 
only  be  required  to  pay  tuition  for  the  difference  between 
the  amount  of  the  tax  and  the  amount  charged  for  tuition; 

Third,   To   audit   and    order   the  payment   of   all   accounts  TO  audit  ana 
of  the   director   for   incidental   or    other    expenses    incurred  accounts?10' 
by   him    in   the   discharge   of   his   duties;  but   no  more  than 
fifty  dollars  shall  be  expended   by    the   director   in    any    one 
year  for   repairs   of  the   buildings   or   appurtenances   of   the 
district   property,    -without    the    authority    of    the    board    of 
trustees ; 

Fourth,  To  employ  all  qualified  teachers  necessary  for  the  TO  employ 
several  schools,  and  to  determine  the  amount   of   their   com-  ^g^ 
pensation,   and   to   require    the    director    and    moderator    toSeeApp.  B, 
make    contracts    with    the   same   on   behalf  of  the   district,  form26. 
in    accordance   with   the   provisions   of   law   concerning   con-  ^|7o^86.A' 
tracts   with   teachers; 

Fifth,  To   employ   such    officers   and    servants   as   may   be  TO  employ 
necessary   for  the   management    of    the    schools   and   school of  ers'etc- 
property,  and    prescribe    their    duties    and    fix    their    com- 
pensation ; 

Sixth,  To  perform   such   other  duties   as  are   required   of  other  duties, 
district   boards   in    other   school   districts;  seecnap.  m. 

(§110.)  SEC.  4.     No  alteration  shall  be  made  in  the  bound-  consent  of  trust- 
aries   of   any   graded   school  district,   without  the  consent  of 
a   majority    of   the   trustees   of   said   district,    which    consent 
shall  be  spread  upon  the  records  of   the  district   and  placed 
on   file   in  the   office    of    the   clerk   of   the   board   of   school 
inspectors   of  the   township   or   city  to  which  the  reports  of 
said  district  are  made ;  and  graded  school  districts  shall  not  such  districts 
be   restricted   to   nine   sections   of  land.  fusi^* 

(§111.)  SEC.  5.  Whenever  two  or  more  contiguous  dis- TWO  or  more 
tricts  having  together  more  than  one  hundred  children 
between  the  ages  of  five  and  twenty  years,  after  having 
published  in  the  notices  of  the  annual  meetings  of  each 
district  the  intention  to  take  such  action,  shall  severally, 
by  a  vote  of  two-thirds  of  the  qualified  voters  attending 
the  annual  meetings  in  said  districts,  determine  to  unite 
for  the  purpose  of  establishing  a  graded  school  district 
under  the  provisions  of  this  chapter,  the  school  inspectors 
of  the  township  or  townships  in  which  such  districts  may 
be  situated  shall,  on  being  properly  notified  of  such  vote, 
proceed  to  unite  such  districts,  and  shall  appoint,  as  soon 
as  practicable,  a  time  and  place  for  a  meeting  of  the  new 
district,  and  shall  require  three  notices  of  the  same  to  be  Notice  of 
posted  in  each  of  the  districts  so  united,  at  least  five  days  meetm*- 
before  the  time  of  such  meeting;  and  at  such  meeting  the 
district  shall  elect  a  board  of  trustees,  as  provided  in  sec- 
tion one  of  this  chapter,  and  may  do  whatever  business 
may  be  done  at  any  annual  meeting. 

(§112.)  SEC.   6.     Whenever  the   trustees   of   any  organized  Duty  of  trustees 
graded  school  district  shall  be  presented  twenty  days  before  e^rt 
the   annual   meeting   thereof,   with    a   petition  signed  by  ten 


46 


GENERAL  SCHOOL  LAWS. 


district  to 
primary. 


electors  of  said  district,  stating  that  it  is  the  desire  of 
said  petitioners  that,  at  the  annual  meeting  of  said  school 
district,  there  shall  be  submitted  to  said  annual  meeting 
the  proposition  to  change  from  a  graded  school  district  to 
one  or  more  primary  school  districts,  the  said  trustees  shall, 
m  case  of  vote  in  their  notice  of  such  annual  meeting,  state  that  the 
proposition  set  forth  in  said  petition  will  be  presented  to 
said  meeting;  and  if  two-thirds  of  the  qualified  voters 
present  at  said  meeting  shall  vote  to  change  to  one  or 
more  primary  school  districts,  such  change  shall  be  made: 
and  it  shall  be  the  duty  of  the  board  of  school  inspectors 
of  the  township  or  townships  in  which  such  district  is 
situated,  upon  being  duly  notified  of  such  vote,  to  proceed 
to  change  or  divide  such  district  as  determined  by  such 
annual  meeting,  and  they  shall  provide  for  the  holding  of 
the  first  meeting  in  the  or  each  of  the  proposed  primary 
school  districts  in  the  same  manner  as  is  provided  for  by 
law  for  the  organization  of  primary  school  districts;  and 
whenever  a  fractional  graded  school  district  shall  be  so 
changed,  the  township  boards  of  school  inspectors  of  the 
respective  townships  where  such  graded  school  district  is 
situated,  shall  organize  the  said  district  into  one  or  more 
primary  school  districts,  as  provided  by  law. 


CHAPTER   XI. 


Township 
libraries  to  be 
maintained. 


Who  are  entitled 
to  privileges  of 
library. 


Proviso. 


Inspectors  to 
have  charge. 
See  App.  B, 
form  18. 
See  App.  A, 
HIT  144,  146. 


Inspectors 
accountable  for 
care,  etc.,  of 
library. 
Powers  of 
inspectors. 


LIBRARIES. 

(§113.)  SECTION  1.  A  township  library  shall  be  main- 
tained in  each  organized  township,  which  shall  be  the 
property  of  the  township,  and  shall  not  be  subject  to  sale 
or  alienation  from  any  cause  whatever.  All  actions  relat- 
ing to  such  library  or  for  the  recovery  of  any  penalties 
lawfully  established  in  relation  thereto,  shall  be  brought 
in  the  name  of  the  township. 

(§114.)  SEC.  2.  All  persons  who  are  residents  of  the 
township  shall  be  entitled  to  the  privileges  of  the  town- 
ship library,  subject  to  such  rules  and  regulations  as  may 
be  lawfully  established  in  relation  thereto:  Provided,  That 
persons  residing  within  the  boundaries  of  any  school  dis- 
trict in  which  a  district  library  has  been  established  shall 
be  entitled  to  the  privileges  of  such  district  library  only. 

(§115.)  SEC.  3.  The  township  board  of  school  inspectors 
shall  have  charge  of  the  township  library,  and  shall  apply 
for  and  receive  from  the  township  treasurer  all  moneys 
appropriated  for  the  township  library  of  their  township, 
and  shall  purchase  the  books  and  procure  the  necessary 
appendages  for  such  library. 

(§116.)  SEC.  4.  Said  board  shall  be  held  accountable  for 
the  proper  care  and  preservation  of  the  township  library, 
and  shall  have  power  to  provide  for  the  safe  keeping  of 
the  same,  to  prescribe  the  time  for  taking  and  returning 


GENERAL  SCHOOL  LAWS. 


books,   to  assess  and  collect  fines  and  penalties   for   the   loss  see  APP.  c. 
or   injury    of   said   books,   and   to  establish  all  other  needful 
rules   and   regulations   for    the    management   of   the   library, 
as   said   board  shall   deem    proper  or   the   Superintendent   of 
Public   Instruction   may   advise. 

(117.)  SEC.   5.     The  board  of  school  inspectors  shall  cause 
the  township  library  to  be  kept  at  some   central   or   eligible  o 
place  in  the  township,  which  it  shall  determine;  such  board  Librarian, 
shall   also,   within    ten  days  after  the  annual  township  meet- 
ing,  appoint   a   librarian   for  the   term   of  one  year,  to  have 
the   care   and   superintendence   of  said  library,   who  shall  be 
responsible   to  the  board  of  school  inspectors  for  the  impar- 
tial  enforcement   of  all  rules  and  regulations  lawfully  estab- 
lished  in   relation   to   said   library. 

(§118.)  SEC.  6.  Any  school  district,  by  a  two-thirds  vote  what  districts 
at  any  annual  meeting,  may  establish  a  district  library  ;££!£/* 
and  such  district  shall  be  entitled  to  its  just  proportion 
of  books  from  the  library  of  any  township  in  which  it  is 
wholly  or  partly  situated,  to  be  added  to  the  district 
library,  and  also  to  its  equitable  share  of  any  library 
moneys  remaining  unexpended  in  any  such  township  or 
townships  at  the  time  of  the  establishment  of  such  district 
library,  or  that  shall  thereafter  be  raised  by  tax  in  suoh 
township  or  townships,  or  that  shall  thereafter  be  appor- 
tioned to  the  township  to  the  inspectors  of  which  the 
annual  report  of  its  director  is  made. 

(§119.)  SEC.   7.     The  district  board  of  any   school   district  District  board 
in   which   a   district   library   may   be   established  in   accord-  0°f  SiYtrict arfi:e 
anoe  with   the   provisions  of  this  act,   shall  have  charge   of  llbrary- 
such   library;  and   the    duties    and   responsibilities    of    said 
district    board    in    relation    to   the   district   library,   and   all 
moneys  raised   or   apportioned   for  its  support,  shall  be  the 
same   as   those   of   the   board  of  school  inspectors  are  to  the 
township   library. 

(§120.)  SEC.  8.  The  school  inspectors  shall  give  in  their  inspectors  to 
annual  report  to  the  Superintendent  of  Public  Instruction 
such  facts  and  statistics  relative  to  the  management  of  the 
township  library  and  the  library  moneys,  as  the  Superin- 
tendent of  Public  Instruction  shall  direct;  and  the  district 
board  of  any  school  district  having  a  library  shall  cause 
to  be  given  in  the  annual  report  of  the  director  to  the 
board  of  school  inspectors,  like  facts  and  statistics  relative 
to  the  district  library,  which  items  shall  also  be  included 
by  the  said  inspectors  in  their  annual  report. 

(§121.)  SEC.  9.     ID   case   the   board    of    school    inspectors  Failure  to  re- 
of   any   township   or   the   district   board   of    any   school   dis- 
trict,   shall   fail   to   make  the  report  required  by  the  preced- 
ing   section,  or   in   case   it   shall   appear  from  the  reports  so  after, 
made    that    any   township    or    school   district   has   failed    to 
use   the   library    money   in   strict    accordance   with    the   pro- 
visions  of   law,    such    township   or   district   shall   forfeit   its 
share  of   the   library   moneys   that   are   apportioned;  and   the 
same   shall   be   apportioned    to   the   several   other   townships 


48 


GENERAL  SCHOOL  LAWS. 


Proviso. 


State  superin- 
tendent to  pro- 
vide county 
clerk  with 
statement. 


Statement  to  be 
filed  and  copy 
given  to  county 
treasurer. 

Apportionment 
of  proceeds  of 
penal  fines. 


See  App.  A, 

IT  146. 


How  applied. 


Voters  may  levy 
tax  for  support 
of  libraries. 


How  tax  to  be 
reported,  as- 
sessed, and 
collected. 


District  board 
may  give  or  sell 
books  to  town- 
ship library. 


and  districts  in  the  county  as  hereinafter  provided:  Pro- 
vided, That  in  townships  where  the  boards  thereof  shall 
determine  and  report  to  the  superintendent  that  the  pub- 
lic will  be  better  served  by  using  the  said  money  for 
general  school  purposes,  no  such  forfeiture  shall  occur. 

(§122.)  SEO.  10.  The  Superintendent  of  Public  Instruc- 
tion shall  annually  and  previous  to  the  tenth  day  of  May, 
transmit  to  the  clerk  of  each  county  a  statement  of  the 
townships  in  his  county  that  are  entitled  to  receive  library 
moneys,  giving  the  number  of  children  in  each  of  such 
townships  between  the  ages  of  five  and  twenty  years,  as 
shall  appear  from  the  reports  of  the  boards  of  school 
inspectors  for  the  school  year  last  ending;  said  clerk  shall 
file  such  statement  in  his  office,  and  shall  forthwith  furnish 
a  copy  thereof  to  the  county  treasurer. 

(§123.)  SEO.  11.  The  clear  proceeds  of  all  fines  for  any 
breach  of  the  penal  laws  of  this  State  and  for  penalties, 
or  upon  any  recognizance  in  criminal  proceedings,  and  all 
equivalents  for  exemptions  [exemption]  from  military  duty, 
when  collected  in  any  county  and  paid  into  the  county 
treasury,  together  wth  all  moneys  heretofore  collected  and 
paid  into  said  treasury  on  account  of  such  fines  or  equiv- 
alents, and  not  already  appropriated  [apportioned],  shall  be 
-apportioned  by  the  county  treasurer  before  the  first  day  of 
June  in  each  year,  among  the  several  townships  in  the 
county,  according  to  the  number  of  children  therein  between 
the  ages  of  five  and  twenty  years,  as  shown  by  the  statement 
of  the  Superintendent  of  Public  Instruction  provided  for  in 
the  preceding  section,  which  money  shall  be  exclusively 
applied  to  the  support*  of  the  township  and  district  libraries, 
and  to  no  other  purpose. 

(§124.)  SEC.  12.  The  qualified  voters  of  each  township 
shall  have  power  at  any  annual  township  meeting,  to  vote 
a  tax  for  the  support  of  libraries  established  in  accordance 
with  the  provisions  of  this  act;  and  the  qualified  voters  of 
any  school  district  in  which  a  district  library  shall  be 
established,  shall  have  power  at  any  annual  meeting  of 
such  district,  to  vote  a  district  tax  for  the  support  of  said 
district  library.  When  any  tax  authorized  by  this  section 
shall  have  been  voted,  it  shall  be  reported  to  the  super- 
visor, levied,  and  collected  in  the  same  manner  as  other 
township  and  school  district  taxes. 

(§125.)  SEC.  13.  The  district  board  of  any  school  dis- 
trict may  donate  or  sell  any  library  book  or  books  belong- 
ing to  such  district,  to  the  board  of  school  inspectors  of 
the  township  or  townships '  in  which  said  district  is  wholly 
or  partly  situated,  which  book  or  books  shall  thereafter 
form  a  part  of  the  township  library. 


*  Amended  by  Act  No.  15,  Public  Acts  of  1895. 


GENERAL  SCHOOL  LAWS.  49 


CHAPTER     XII. 

Act  No.  147,  Pnblic  Acta  of  1891,  as  amended  by  Act  No.  34,  Public  Acts  of  1893,  and  by 
Act  No.  66,  Public  Acts  of  1895. 

EXAMINATION  OF   TEACHERS   AND    SUPERVISION  OF   SCHOOLS. 

(§126.)     SECTION  1.     At  the  meetings  of  the  several  boards  First  appoint- 
of   supervisors   of  the   different   counties   of  the  State   to  be 
held   on   the    fourth    Monday    in    June,    eighteen    hundred 
ninety-one,   the  said  several  boards  of  supervisors  shall  elect 
a    county    commissioner     of     schools    for     their     respective 
counties,    whose    term    of    office    shall    commence    on    the 
fourth.  Tuesday   of   August   next   following,    who   shall   hold 
his   or   her   office   until   the  first  day  of  July,  eighteen  hun- 
dred   ninety-three,    or    until   his   or   her   successor   shall   be 
elected   and   qualified.     Said   board    of  supervisors  shall  also  Appointment  of 
on   said   fourth   Monday   of   June,  appoint    two    persons    as  ex 
school   examiners,   who,   together   with   said  commissioner  of 
schools,   shall   constitute   a   board  of  school  examiners.     One 
of  said   school   examiners  shall    be   appointed   for   a   period 
of   one  year  and   the   other   for   a   period  of  two  years,  from 
and   after   the   second   Monday   of   October  next   after  their 
appointment,  or  until  their  successors   have   been   appointed 
and   qualified.     And   thereafter    such    boards   of    supervisors  Term  of 
shall,   at   each    annual   session,    appoint    one    examiner    who  ex 
shall   hold   his   office   for   a   period   of   two    years,    or    until 
his   successor  shall  have  been  appointed  and  qualified.     Any  Qualifications 
person   shall   be   eligible  to  the  office  of  examiner  who  shall  of 
hold   at    least    a   third   grade   certificate   and   has   taught   in 
the   public   schools   at   least   nine    months,    or   who   has   the 
qualifications    required    of    commissioners    in    section   three 
of    this    act,    except    an    experience    of    twelve    months    as 
teacher.     In   case  a  vacancy  shall  occur  at  any  time  in  the  vacancy. 
office  of   school   examiner,  the    judge    of    probate,    together 
with  the  board  of  school  examiners  of  the  county  in   which 
such   vacancy   shall   have    occurred,    shall   within    ten    days 
after   the   occurrence   of    such    vacancy,    appoint   some   suit- 
able   person    to    fill     such     vacancy;     and     the    person    so 
appointed  shall   hold    the  office  for  the  unexpired  portion  of 
the  term,  or  until  his  or  her  successor  is  appointed  and  has 
qualified.      Within    ten    days   after    such    commissioners    or  omciai  bond. 
examiners   shall   have   received    legal   notice    of    his    or   her 
election,   he   or   she   shall   take   and   subscribe   the   constitu- 
tional  oath    of   office,  and   the   same   shall   be  filed  with  the 
county   clerk.     The   said  county  commissioner  so  appointed, 
shall   execute   a   bond    with    two    sufficient    sureties,    to    be 
approved    by  and   filed    with    the   county    clerk,   in  the  penal 
sum    of   one   thousand    dollars,    conditioned   that   he   or   she 
shall    faithfully    discharge    the    duties   of   his   or   her   office 
according   to   law,  and   to    faithfully    account    for    and    pay 
7 


50  GENERAL.  SCHOOL  LAWS. 

over  to  the  proper  persons  all  money  which  may  come 
into  his  or  her  hands  by  reason  of  his  or  her  holding  such 
office;  and  thereupon  the  county  clerk  shall  report  the  name 
and  postoffice  address  of  such  county  commissioner  to  the 
State  Superintendent  of  Public  Instruction. 

Biennial  election      (§127.)  SEC.  2.     There  shall  be    elected    at    the    election 
ofcommissioner.  j^y  on  the  first  Monday  in  April,  eighteen  hundred  ninety- 
three  and   every   second   year  thereafter,  in  each  county,  one 
Term  of  office,    county   commissioner  of  schools   whose   term    of   office   shall 
commence    on    the    first    day    of    July    next    following    his 
or   her   election,  and    who   shall  continue  in  office  two  years 
or  until  his  or  her  successor  shall  be  elected  and  qualified. 
The  county  commissioner  of  schools   elected   under  the  pro- 
Tome  oatn  and  visions   of  this  section   shall   file   with   the  county  clerk  for 
the  county  for  which  he  or  she  is   elected,   his  or  her   oath 
of  office   and   bond,  the  same   as   provided    in    section    one 
of  this   act,  and   the    county    clerk    shall    make    the    same 
report   to   the   Superintendent   of    Public   Instruction   in   all 
respects  as  provided   in   section   one   of  this   act. 

Eligibility  to          (§128.)    SEC.  3.     Persons    eligible    to    hold   the    office    of 
>  of,  etc.      commissioner   of  schools  must"  possess,  besides  an  experience 
lf«? fes-i?*'.       of  twelve   months   as   teacher  in   the   public   schools   of   the 
State,    one  of  the   following  qualifications;  must  be  a  grad- 
uate  of  the   literary   department  of  some    reputable    college, 
university,    or  State  normal   school,    having  a  course   of  at 
least   three   years,  or  hold  a  State  teachers'  certificate,  or  be 
the   holder  of  a   first  grade  certificate;  but  said   first  grade 
certificate  shall  only   qualify  the  holder  thereof  to  hold  the 
office  of  commissioner  in  the   county   where   such   certificate 
proviso  as  to      was   granted:     Provided,    That   persons   who   have   held   the 
;ies>  office   of    commissioner   of   schools   under   the   provisions  of 
act   number   one   hundred   forty-seven,   public   acts  of  eight- 
een hundred  ninety-one,  shall  be  eligible.     In  counties  hav- 
ing  less   than   fifty   districts    subject   to   the   supervision    of 
the  county   commissioner,  a  person  holding  at  the   time   of 
his    or    her    election    a    second    grade    certificate    shall    be 
eligible. 

schedule  of  (§129.)     SEC.  4.    The  board  of  school  examiners  shall,  for 

ons'  the  purpose  of  examining  all  persons  who  may  offer  them- 
selves as  teachers  for  the  public  schools,  hold  two  regular 
public  examinations,  in  each  year  at  the  county  seat,  which 
examinations  shall  begin  on  the  last  Thursday  of  March 
and  the  third  Thursday  of  August  in  each  year.  From 
these  two  examinations  certificates  of  all  grades  may  be 
granted.  The  said  board  of  examiners  may  also  in  their 
discretion  hold  two  other  regular  public  examinations, 
which  shall  begin  on  the  third  Thursdays  of  June  and 
October  at  such  places  as  in  the  judgment  of  the  board 
the  best  interests  of  the  teachers  may  require.  From  these 
two  examinations  only  certificates  of  the  second  and  third 
grades  may  be  granted. 

In   counties   having   one   hundred   fifty  or   more   districts, 
the   said   board    of   examiners   may    hold   one   special  public 


_ 


GENERAL  SCHOOL  LAWS.  51 


3xamination     for     each     additional    twenty-five    districts    or  counties  entitled 
fractions   thereof,    which    special   public    examination,    when  {oJJexMoSa- 
appointed,    shall    be   held   commencing   on    one    or   more   of tlon8- 
the   following   dates:     the   third   Friday    of    February,   April  see APP. A, 
and    September.     The   place   of   holding   such  special  public  r< 
examination    is   also   left   to   the   discretion    of   the   board   ofMI1^-167- 
examiners.     At   such   special   public   examinations   only   cer-  see  §§217, 167, 
tificates   of  the   third   grade    shall   be  granted.     It   shall   be  169> 
the   duty    of  the  county  commissioner  to  make  out  a  sched- 
ule  of   the   times   and   places   of    holding    special    examina- 
tions,   and    to    cause    it    to    be   published   in   one   or  more 
newspapers   of  the   county   at    least    ten    days    before    each 
special   examination. 

(§130.)  SEC.  5.  The  board  of  school  examiners  shall  Granting  or 
meet  on  the  Saturday  of  the  week  following  such  public ce 
examination  held  by  the  county  commissioner,  and  shall 
grant  certificates  to  teachers  in  such  form  as  the  Super- 
intendent of  Public  Instruction  shall  prescribe,  licensing  as 
teachers  all  persons  who  shall  have  attained  the  age  of 
seventeen  years  who  have  attended  such  public  examina- 
tions and  who  shall  be  found  qualified  in  respect  to  good 
moral  character,  learning,  and  ability  to  instruct  and  govern 
a  school;  but  no  certificate  shall  be  granted  to  any  person 
who,  having  arrived  at  the  age  of  twenty-one  years,  is  not  a 
citizen  of  the  United  States,  and  who  shall  not  have  passed 
a  satisfactory  examination  in  orthography,  reading,  writing, 
grammar,  geography,  arithmetic,  theory  and  art  of  teaching, 
United  States  history,  civil  government,  and  physiology 
and  hygiene,  with  reference  to  the  effect  of  alcoholic  drinks, 
stimulants,  and  narcotics  upon  the  human  system.  The 
board  of  examiners  shall  have  the  right,  however,  to  renew 
without  examination  the  certificates  of  persons  who  shall 
have  previously  obtained  an  average  standing  of  at  least 
eighty-five  per  cent  in  all  studies  covered  in  two  or  more 
previous  examinations,  and  who  shall  have  been  since  such 
last  named  examination  continuously  and  successfully  teach- 
ing in  the  same  county.  All  certificates  shall  be  signed  By  whom 
by  the  county  commissioner  and  by  at  least  one  other 8Ufned- 
member  of  the  board  of  examiners.  No  person  shall  be 
considered  a  qualified  teacher  within  the  meaning  of  this 
act,  nor  shall  any  school  officer  employ  or  contract  with 
any  person  to  teach  in  any  of  the  public  schools  under  the 
provisions  of  this  act,  who  has  not  a  certificate  in  force 
granted  by  the  board  of  school  examiners  or  other  lawful 
authority.  All  examination  questions  shall  be  prepared  and  Examination 
furnished  by  the  Superintendent  of  Public  Instruction  to QUW 
the  county  commissioner  under  seal,  to  be  opened  in  the 
presence  of  the  applicants  for  certificates  on  the  day  of 
examination. 

(§131.)    SEC.  6.     There    shall    be   three  grades   of  certifi- Grades  of  oer- 
cates   granted   by    the   board  of  school  examiners,  in  its  dis-  U1 
cretion,   and   subject    to    such    rules    and    regulations   as  the 
Superintendent  of  Public    Instruction    may  prescribe,   which 


Superii 


52 


GENERAL  SCHOOL,  LAWS. 


First  grade. 


Proviso. 


Further  proviso. 


Second  grade. 


Third  grade. 
Classes  A  and  B, 


Proviso. 


Suspension  of 
certificate,  etc. 


Proviso. 


Duty  of  com- 
missioner. 


grades  of  certificates  shall  be  as  follows:  The  certificate 
of  the  first  grade  shall  be  granted  only  to  those  who  have 
taught  at  least  one  year  with  ability  and  success,  and  it 
shall  be  valid  throughout  the  State  for  four  years:  Pro- 
vided, That  all  examination  papers  for  first  grade  certifi- 
cates favorably  passed  upon  by  the  board  of  examiners, 
together  with  such  certificates,  shall  be  forwarded  to  the 
Superintendent  of  Public  Instruction  within  ten  days  from 
date  of  examination,  for  inspection :  And  provided  further, 
That  no  first  grade  certificate  shall  be  valid  in  any  county 
other  than  that  in  which  it  is  granted,  unless  approved 
and  countersigned  by  the  Superintendent  of  Public  Instruc- 
tion, and  a  copy  filed  with  the  county  commissioner  in 
the  county  in  which  the  holder  of  said  certificate  desires 
to  teach.  The  certificate  of  [the]  second  grade  shall  be 
granted  only  to  those  who  shall  have  taught  at  least  seven 
months  with  ability  and  success,  and  it  shall  be  valid 
throughout  the  county  for  which  it  shall  be  granted  for 
three  years.  The  certificates  of  the  third  grade  shall  be 
divided  into  two  classes  known  as  A  and  B.  Third  grade 
certificates  of  class  A  shall  be  granted  only  to  persons  who 
have  taught  successfully  and  continuously  for  at  least  three 
years  next  preceding  the  examination  in  primary  depart- 
ments of  graded  schools;  and  a  certificate  of  this  class 
shall  entitle  the  holder  to  teach  in  primary  departments 
of  graded  schools  only.  Third  grade  certificates  of  class 
B  shall  license  the  holder  to  teach  in  any  school  of  the 
county  in  which  it  shall  be  granted  for  one  year;  but  no 
more  than  three  certificates  of  this  class  shall  be  granted 
to  the  same  person:  Provided,  That  the  county  commis- 
sioner shall  have  power,  upon  personal  examination  satis- 
factory to  himself  or  herself,  to  grant  certificates  which 
shall  license  the  holder  thereof  to  teach  in  a  specified  dis- 
trict for  which  it  shall  be  granted;  but  such  certificate 
shall  not  continue  in  force  beyond  the  time  of  the  next 
public  examination,  and  in  no  case  shall  a  second  special 
certificate  be  granted  to  the  same  person,  and  it  shall  not 
in  any  way  exempt  the  teacher  from  a  full  examination. 

(§132.)  SEC.  7.  The  board  of  school  examiners  may  sus- 
pend or  revoke  any  teachers'  certificate  issued  by  them  for 
any  reason  which  would  have  justified  said  board  in  with- 
holding the  same  when  given,  for  neglect  of  duty,  for 
incompetency  to  instruct  or  govern  a  school,  or  for  immor- 
ality; and  the  said  board  may,  within  their  jurisdiction, 
suspend  for  immorality  or  incompetency  to,  instruct  and 
govern  a  school,  the  effect  of  any  teachers'  certificate  that 
may  have  been  granted  by  other  lawful  authority:  Pro- 
vided, That  no  certificates  shall  be  suspended  or  revoked 
without  a  personal  hearing,  unless  the  holder  thereof  shall, 
after  a  reasonable  notice,  neglect  or  refuse  to  appear  before 
the  said  board  for  that  purpose. 

(§133.)  SEC.  8.  It  shall  be  the  duty  of  the  county  com- 
missioner : 


SCHOOL 

First,   Immediately   after   his   or  her  qualification  as  com- Notice  of  quaii- 
uissioner,  to  send  notice   thereof   to   the   Superintendent   of Cl 
Public    Instruction    and    the    chairman    of    each    township 
board   of  school   inspectors   of   the   county; 

Second,    To    keep    a   record   of   all   examinations   held   by  Record  of  exam- 
the   board   of   school   examiners   and   to   sign   all   certificates ln 
and   other   papers   and   reports   issued   by   the   board; 

Third,  To   receive   the   institute  fees  provided  by  law  and  or  tees, 
to   pay   the   same   to   the   county  treasurer   quarterly,   begin- 
ning  September   thirty,  in   each   year; 

Fourth,  To   keep   a   record  of  all  certificates  granted,  sus-  Record  of  cer- 
pended,    or  revoked   by    the    said    board    or    commissioner,  tj 
showing   to   whom    issued,    together    with    the    date,    grade, 
duration    of    each    certficate   and,  if   suspended   or  revoked, 
with    the   date   and   reason    thereof; 

Fifth,  To  furnish,  previous  to   the   first   Monday   in   Sep- List  of  teachers, 
tember  in   each   year  to   the  township   clerk   of   each  town- e 
ship   in   the   county,   a   list   of  all  persons  legally  authorized 
to   teach   in   the   county   at   large,    and    in    such    township, 
with    the    date    and    term    of    each    certificate,  and   if   any 
have   been   suspended   or  revoked,  the   date  of  such  suspen- 
sion   or   revocation; 

Sixth,    To    visit    each    of    the    schools   in   the   county    at  TO  visit  schools, 
least   once   in    each   year   and   to   examine   carefully  the  dis- etc> 
cipline,  the   mode   of   instruction,  and  the  progress  and  pro- 
ficiency  of   pupils:  Prodded,  That  in  case  the  county  com- Proviso  as  to 
'missioner   is   unable  to  visit   all   the   schools   of   the   county  J^8*1 
as   herein  required,  the  said  commissioner  may  appoint  such 
assistant  visitors   as   may   be  necessary,    who   shall   perform 
such   duties   pertaining   to   the   visitation  and  supervision  of 
schools   as   said   commissioner   shall  direct:     Provided,  That 
the  whole  expense   incurred   by   such   assistant   visitor   shall 
not   exceed   the   sum    of   ninety   dollars   in   any   one   year; 

Seventh,  To   counsel  with  the  teachers  and  school  boards  counsel  with 
as  to   the   courses   of  study   to   be   pursued,  and   as   to   any  te 
improvement  in  the  discipline  and  instruction  in  the  schools; 

Eighth,    To   promote    by   such   means   as   he   or  she   may  improvement  of 
devise,  the   improvement   of  the   schools  in  the  county,  and  8C 
the   elevation   of    the    character    and    qualifications    of    the 
teachers  and  officers  thereof,  and  act   as   assistant   conductor 
of    institutes    appointed    by    the   Superintendent   of   Public 

I  Instruction  and  perform  such  other  duties  pertaining  thereto 
as   the   superintendent   shall   require; 
Ninth,   To   receive   the    duplicate    annual    reports    of    the  TO  receive  an- 
several   boards   of    school   inspectors,   examine   into   the   cor-  etc*1 ' 
reotness   of   the   same,  requiring   them    to  be  amended  when 
necessary,   indorse    his    or    her    approval    upon    them,    and 
immediately   thereafter  and   before   the   first   day  of  Novem- 
ber in  each  year,   transmit  to   the   Superintendent  of   Public 
Instruction   one   copy    of   each   of   said   reports   and   file   the 
other   in   the   office   of   the   county   clerk; 

Truth,  To  be  subject  to  such  instructions  and  rules  as  the 
Superintendent    of    Public    Instruction    may    prescribe,     to 


GENERAL  SCHOOL  LAWS. 


Subject  to  in- 
structions of 
Supt.  of  Public 
Instruction,  etc. 


Other  duties. 


Duty  of  chair- 
man, etc. 

Supervision  of 
schools,  etc. 


To  make  reports, 
etc. 


Compensation  of 
commissioner. 


Of  examiners. 


Of  assistant 
visitors. 


To  be  paid 
quarterly. 


Proviso. 


Further  proviso. 


receive  all  blanks  and  communications  that  may  be  sent 
to  him  or  her  by  the  Superintendent  of  Public  Instruc- 
tion and  to  dispose  of  the  same  as  directed  by  the  said 
superintendent,  and  to  make  annual  reports  at  the  close  of 
the  school  year  to  the  Superintendent  of  Public  Instruc- 
tion of  his  or  her  official  labor,  and  of  the  schools  of  the 
county,  together  with  such  other  information  as  may  be 
required; 

Eleventh,  To  perform  such  other  duties  as  may  be 
required  of  him  or  her  by  law,  and  at  the  close  of  the 
term  of  office  to  deliver  all  records,  books,  and  papers 
belonging  to  the  office,  to  his  or  her  successor. 

(§134.)  SEC.  9.  It  shall  be  the  duty  of  the  chairman 
of  the  board  of  school  inspectors  of  each  township: 

First,  To  have  general  supervisory  charge  of  the  schools 
of  his  township,  subject  to  such  advice  and  direction  as 
the  county  commissioner  may  give; 

Second,  To  make  such  reports  of  his  official  labors  and 
of  the  condition  of  the  schools  as  the  Superintendent  of 
Public  Instruction  may  direct  or  commissioner  request. 

(§135.)  SEC.  10.  The  compensation  of  each  commissioner 
shall  be  determined  by  the  board  of  supervisors  of  each 
county  respectively,  but  the  compensation  shall  not  be  fixed 
at  a  sum  less  than  five  hundred  dollars  per  annum  in  any 
county  where  there  are  fifty  schools  under  his  or  her 
supervision,  at  not  less  than  one  thousand  dollars  per 
annum  where  there  are  one  hundred  schools  under  such' 
supervision,  and  not  less  than  twelve  hundred  dollars  where 
there  are  one  hundred  and  twenty-five  schools  under  his 
supervision;  and  in  no  case  shall  such  compensation  exceed 
the  sum  of  fifteen  hundred  dollars  per  annum.  Each  mem- 
ber of  the  board  of  school  examiners  other  than  the  county 
commissioner  shall  receive  four  dollars  for  each  day  actually 
employed  in  the  duties  of  his  office.  The  compensation 
of  any  assistant  visitor,  when  appointed  as  provided  in 
this  act,  shall  be  determined  by  the  county  commissioner, 
but  in  no  case  shall  it  exceed  three  dollars  for  each  day 
employed.  The  compensation  of  the  county  commissioner, 
members  of  the  board  of  school  examiners,  and  of  any 
assistant  visitor  shall  be  paid  quarterly  from  the  county 
treasury,  upon  such  commissioner  or  visitor  filing  with  the 
county  clerk  a  certified  statement  of  his  or  her  account, 
which  shall  give  in  separate  items  the  nature  and  amount 
of  the  service  for  each  day  for  which  compensation  is 
claimed:  Provided,  That  in  no  case  shall  the  county  com- 
missioner receive  any  order  for  compensation  from  the 
county  clerk  until  he  has  filed  a  certified  statement  from 
the  Superintendent  of  Public  Instruction  that  all  reports 
required  of  the  commissioner  have  been  properly  made 
and  filed  with  said  superintendent:  Provided  further,  That 
no  commissioner  shall  receive  an  order  for  compensation 
until  he  shall  have  filed  with  the  county  clerk  a  detailed 
statement  under  oath  showing  what  schools  have  been 


GENERAL  SCHOOL  LAWS.  55 

visited   by    him    during    the    preceding    quarter    and    what 
amount   of   time   was   employed   in    each  school,   naming  the 
township    and    school    district.      The    necessary    contingent  or  contingent 
expenses   of   the   commissioner  for  printing,  postage,  station- expen8es- 
ery,  record    books,   and   rent   of  rooms   for   public   examina- 
tions  shall   be  audited  and  allowed    by   the   board    of   super- 
visors  of   the   county ;  but  in   no   county   shall  the  expenses  Limit  of. 
so   allowed   exceed    the    sum    of    two    hundred    dollars    per 
annum    and   no   traveling   fees   shall   be  allowed  to  the  com- 
missioner  or   to   any    assistant   visitor    or    school    examiner. 

(§136.)  SEC.  11.     No   Superintendent   of    Public    Instruc- shaii  not  act  as 
tion,   instructor   at   institute,   county   commissioner  or   exam-  a«eQt'etc- 
iner,  shall   act   as   agent   for    the   sale   of   any   school   furni-  * 
ture,  text   books,   maps,  charts,  or  other  school  apparatus. 

(§137.)  SEC.   12.    Whenever  by  death,  resignation,  removal  or  vacancies, 
from    office,     or    otherwise    a   vacancy    shall    occur    in    the 
office   of  the   county   commissioner   of    schools,    the    county  see  §126. 
clerk   shall   issue   a   call   to   the   chairman    of   the    township 
board   of  school  inspectors  of  each  township  in  the  county, 
who   shall   meet   at   the   office   of  the  county  clerk  on  a  date 
to   be   named   in   said   [notices]    notice,   not   more   than   ten 
days   from   the  date   of  the  notice,    and   appoint   a   suitable 
person   to   fill   the   vacancy  for  the  unexpired  portion  of  the 
term    of   office. 

(§138.)     SEC.   13.     The   officers    of    every    school    district  certain  schools 
which    is    or  shall   hereafter  be   organized   in   whole   or   in  exempte<1> etc- 
part   in   any    incorporated   city   in   this   State   where   special 
enactments  shall  exist  in  regard  to  the  licensing  of  teachers, 
shall    employ    only    such    teachers   as   are   legally    qualified 
under   the   provisions   of   this   act:     Provided,  That  in  cities 
employing   a    superintendent,    the    examination    of    teachers 
shall   be   conducted   by   such    superintendent   or   by    a   com- 
mittee  of   the   board   of   education    of    such    school   district, 
and   certificate   issued   at   such    time   and   in   such  a  manner 
as   the   Superintendent   of   Public  Instruction    and    board   of 
education    in    such    city   shall    prescribe.     Cities    having    a  or  city  schools, 
special   and    thoroughly    equipped    normal    training    depart- 
ment,  under    control    of    a    special    training    teacher,    such 
school    having    a    course    of   not   less   than   one   year,  shall 
be   exempt   from    the   provisions   of  this  section    as    to    the 
examination  of  teachers.     Any  board  of  education  that  shall  Exempt  from 
violate   the   provisions   of   this   act   by    employing   a   teacher  {J^ere*  etc. 
who   is  not   legally   qualified,  shall  forfeit  such  a  proportion 
of   the    primary    school    interest    fund    as    the    number    of 
unqualified   teachers   employed    bears   to   the   whole   number 
of   teachers   employed    in   the   district.      All.  school   districts 
organized   by  special  enactments,   shall,  through  their  proper 
officers,   make   such  reports  as  the  Superintendent  of  Public 
Instruction   may   require. 

§139.     SEC.  14.     All  acts  or  parts  of  acts  conflicting  with  Repealing 
the  provisions  of  this  act  are  hereby  repealed. 


56 


GENERAL  SCHOOL  LAWS. 


CHAPTER  XIII. 


PENALTIES    AND    LIABILITIES. 


Penalty  on 
inhabitant  for 
neglect  of  duty. 


Penalty  on  dis- 
trict officer  for 
neglecting  or 
refusing  to  per- 
form duties. 
See  App.  A, 
HIT  158,  160. 


Penalty  on 
inspector  for 
neglect  or 
refusal. 


Liability  of 
inspectors  for 
neglecting  to 
report. 

See  App.  A, 

ITU  5-n. 


Liability  of 
township  clerk. 

Liability  of 
county  clerk  for 
neglect  to  trans- 
mit reports. 


How  moneys 
collected  on 
account  of  neg- 
lect disposed  of. 


(§140.)  SECTION  1.  Any  taxable  inhabitant  of  a  newly 
formed  district  receiving  the  notice  of  the  first  meeting, 
who  shall  neglect  or  refuse  duly  to  serve  and  return  such 
notice,  and  every  chairman  of  the  first  district  meeting  in 
any  district,  who  shall  wilfully  neglect  or  refuse  to  per- 
form the  duties  enjoined  on  him  by  this  act  shall  respect- 
ively forfeit  the  sum  of  five  dollars. 

(§141.)  SEC.  2,  Any  person  duly  elected  to  the  office  of 
moderator,  director,  assessor,  or  trustee  of  a  school  district, 
who  shall  neglect  or  refuse  without  sufficient  cause,  to 
accept  such  office  and  serve  therein  or  who,  having  entered 
upon  the  duties  of  his  office,  shall  neglect  or  refuse  to 
perform  any  duty  required  of  him  by  virtue  of  his  office, 
shall  forfeit  the  sum  of  ten  dollars. 

(§142.)  SEC.  3.  Any  person  duly  elected  or  appointed  a 
school  inspector,  who  shall  neglect  or  refuse,  without  suffi- 
cient cause,  to  qualify  and  serve  as  such,  or  who,  having 
entered  upon  the  duties  of  his  office,  shall  neglect  or 
refuse  to  perform  any  duty  required  of  him  by  virtue  of 
his  office,  shall  forfeit  the  sum  of  ten  dollars. 

(§143.)  SEO.  4.  If  any  board  of  school  inspectors  shall 
neglect  or  refuse  to  make  and  deliver  to  the  township 
clerk  their  annual  report  as  required  by  this  act,  within 
the  time  limited  therefor,  they  shall  be  liable  to  pay  the 
full  amount  of  money  lost  by  their  failure,  with  interest 
thereon,  to  be  recovered  by  the  township  treasurer  in  the 
name  of  the  township,  in  an  action  of  debt  or  on  the 
case;  and  if  any  township  clerk  shall  neglect  or  refuse  to 
transmit  the  report  herein  mentioned  within  the  time 
limited  therefor,  he  shall  be  liable  to  pay  the  full  amount 
lost  by  such  neglect  or  refusal,  with  interest  thereon,  to  be 
recovered  in  an  action  of  debt  or  on  the  case. 

(§144.)  SEC.  5.  Any  county  clerk  who  shall  neglect  or 
refuse  to  transmit  to  the  Superintendent  of  Public  Instruc- 
tion the  reports  required  by  this  act,  within  the  time 
therefor  limited,  shall  be  liable  to  pay  to  each  township 
the  full  amount  which  such  township  or  any  school  dis- 
trict therein,  shall  lose  by  such  neglect  or  refusal,  with 
interest  thereon,  to  be  recovered  in  an  action  of  debt  or 
on  the  case. 

(§145.)  SEC.  6.  All  the  moneys  collected  or  received  by 
any  township  treasurer  under  the  provisions  of  either  of 
the  two  last  preceding  sections,  shall  be  apportioned  and 
distributed  to  the  school  districts  entitled  thereto.,  in  the 
same  manner  and  in  the  same  proportion  that  the  moneys 
lost  by  any  neglect  or  refusal  therein  mentioned  would, 
according  to  the  provisions  of  this  act,  have  been  appor- 
tioned and  distributed. 


GENERAL  SCHOOL  LAWS.  57 

(§146. )  SEC.  7.     Any   township    clerk    who    shall    neglect  Liability  of 
)r   refuse   to   certify    to   the   supervisor    any   school    district  a^TsSperiuJiSr 
,axes   that   have   been   reported  to  him    as   required   by    this  )n1rf*ard  todl8~ 

i  .  •  i «    1 1  i       j.  •  trlct  taxes. 

ict,  and  any  supervisor  wilfully  neglecting  to  assess  any 
mch  tax  shall  be  liable  to  any  district  for  any  damage 
)ccasioned  thereby,  to  be  recovered  by  the  assessor  in  the 
lame  of  the  district,  in  an  action  of  debt  or  on  the  case. 

(§147.)  SEC.  8.     The    township    board   of   each   township,  when  township 
ind   in   the   case   of   fractional  school  districts,  the  township 
ooard   of   the   township   in    which    the    district    schoolhouse 
:hereof  is  situated,  shall  have  power  and  is  hereby   required 
;o   remove  from  office,   upon  satisfactory  proof,  after  at  least  see  APP.  A, 
3ve    days'    notice    to    the    party    implicated,    any    district  ^' 
officer  or   school    inspector    who    shall    have    illegally   used 
Dr  disposed   of  any   of  the   public   moneys   entrusted  to  his 
charge,    or    who    shall    persistently    and    without    sufficient 
3ause,    refuse   or   neglect   to   discharge   any  of   the  duties  of 
his   office.      And    in   case   of  such   removal   it   shall   be   the  Township  cierk 
duty   of  the   township   clerk   of  such   township    to   enter  in 
the    records    of    such    township   the   resolution   or  order   of 
such    board,  for   such    removal;    and    such    record    of    such 
resolution   or   order   so   entered,  or   a   certified  copy  thereof, 
shall   be   prima  facie  evidence   in   all   courts  and  places   of 
the   jurisdiction   of  such    board    and    of    the    regularity   of 
the    proceedings    for    such    removal,  and   (unless   the   party  party  removed 
so   removed   shall,  within   thirty   days    after    such    removal,  p^^edtn^or 
institute   proceedings   before  a   court   of  competent  iurisdic-  removal  of  ord«r 

in  i  i          *  i  .»•,        of  township 

tion  for  the  removal  of  such  order  for  removal,  or  if  after  board, 
such  thirty  days  such  proceedings  to  obtain  such  removal 
shall  be  discontinued  or  dismissed)  shall  be  conclusive 
evidence  of  jurisdiction  and  regularity,  if  it  shall  appear 
that  the  party  so  removed  had  five  days'  notice  of  the 
time  and  place  fixed  by  said  board  for  the  hearing  of  the 
case  as  aforesaid. 

(§148.)    SEC.    9.      No    school     officer,    superintendent,    or  sehooi  officers 
teacher  of  schools,  shall   act   as   agent   for   any  author,  pub-  SJetas^Sio? 
lisher,     or     seller    of    school    books,    or    shall    directly     or book  agents, etc. 
indirectly   receive   any   gift    or   reward   for   his   influence   in  school  officers 
recommending   the  purchase  or  use  of  any  library  or  school  ested^corJ61" 
book   or   school   apparatus,  or   furniture    whatever,   nor   shall  tracts  m  certain 
any    school    officer    be    personally    interested    in    any    way 
whatever   in   any   contract   with    the    district    in    which    he 
may    hold    office.     Any    act    or    neglect   herein   prohibited,  such  acts 
performed   by   any    such    officer,  superintendent,    or   teacher, 
shall   be  deemed   a   misdemeanor. 

(§149.)  SEC.   10.     All    provisions   of    this   act   shall   apply  where  this  act 
and  be  in  force  in  every  school  district,  township,  city,   and  8hallapply- 
village  in    this    State,   except   such    as    may   bo   inconsistent 
with    the    direct    provisions    of   some   special   enactment   of 
the   Legislature. 

(§150.)  SEC.   11.     Chapters  numbered  one  hundred  thirty- chapters  and 
one,   one   hundred    thirty-six,   one  hundred   thirty-seven,   and  **" repealed- 
8 


58  GENERAL  SCHOOL  LAWS. 

one  hundred  thirty-eight  of  the  compiled  laws  of  eighteen 
hundred  seventy-one,  and  act  numbered  forty-two  of  the  ses- 
sion laws  of  eighteen  hundred  seventy-five,  and  all  acts  and 
parts  of  acts  amendatory  of  said  chapters  and  said  act,  being 
acts  numbered  forty-one,  forty-two,  fifty-six,  and  sixty-three 
of  the  session  laws  of  eighteen  hundred  seventy-two;  acts 
numbered  forty-four,  sixty-nine,  seventy-one,  seventy-six, 
ninety-eight,  one  hundred  nineteen,  one  hundred  thirty-two, 
one  hundred  sixty-four,  and  one  hundred  ninety-three  of 
the  session  laws  of  eighteen  hundred  seventy-three;  acts 
numbered  thirty-six,  fifty-one,  eighty-four,  ninety-four,  one 
hundred  six,  one  hundred  thirty-seven,  one  hundred  eighty- 
three,  and  two  hundred  thirty  of  the  session  laws  of  eighteen 
hundred  seventy-five;  acts  numbered  seventy-seven  and  one 
hundred  seventy-three  of  the  session  laws  of  eighteen  hun- 
dred seventy-seven;  acts  numbered  forty -four,  forty -six,  one 
hundred  fifty-nine,  one  hundred  sixty-four,  two  hundred 
fifty-four,  two  hundred  fifty-five,  and  two  hundred  sixty-four 
of  the  session  laws  of  eighteen  hundred  seventy -nine;  and 
all  other  acts  and  parts  of  acts  contravening  the  provisions 
of  this  act  are  hereby  fully  repealed. 


CHAPTER    XIV. 

[  Act  No.  158,  Laws  of  1881.  ] 
ELECTION   OF   SCHOOL  INSPECTORS. 

sections  (§151.)  SECTION  1.  Sections  eight  and  fourteen  of  chap- 

ter twelve  of  the  compiled  laws  of  eighteen  hundred  and 
seventy-one,  as  amended  by  act  number  forty-two  of  the 
session  laws  of  eighteen  hundred  seventy-five,  are  hereby 
amended;  and  section  thirteen  of  the  same  chapter,  repealed 
by  said  act,  is  hereby  restored  and  amended;  and  section 
one  hundred  and  three  of  the  same  chapter,  as  amended 
by  act  number  one  hundred  ninety-nine  of  the  session 
laws  of  eighteen  hundred  seventy-nine,  is  hereby  amended, 
all  of  said  sections  to  read  as  follows: 

Annu»i meeting.  (§152.)  SEC.  2.  The  annual  meeting  of  each  township 
shall  be  held  on  the  first  Monday  in  April  in  each  year, 
and  at  such  meeting  there  shall  be  an  election  for  the 

officers  to  be  following  officers :  one  supervisor,  one  township  clerk,  one 
treasurer,  one  school  inspector,  one  commissioner  of  high- 
ways, so  many  justices  of  the  peace  as  there  are  by  law 
to  be  elected  in  the  township,  and  so  many  constables  as 
shall  be  ordered  by  the  meeting,  not  exceeding  four  in 
number. 

Term  or  office  of      (§153.)  SEC.  3.   Each   school    inspector    elected    as    afore- 

schooi inspect-  g^  shall  hold  his  office  for  two  years  from  that  time 
and  until  his  successor  shall  be  elected  and  duly  qualified, 

vacancy.  except  when  elected  or  appointed  to  fill  a  vacancy,  in 
which  case  he  shall  hold  the  office  during  the  unexpired 


GENERAL  SCHOOL  LAWS.  59 

portion  of  the  regular  term :  Provided,  That  in  the  year  proviso, 
dighteen  hundred  eighty-two  one  additional  school  inspector 
in  each  township  shall  be  elected  for  the  term  of  one 
year:  Provided  further,  That  the  township  superintendent  proviso, 
of  schools  and  school  inspectors  now  in  office  shall 
continue  to  act  as  school  inspectors,  and  said  superin- 
tendent of  schools  shall  continue  to  act  as  chairman  of 
the  board  of  school  inspectors  until  the  school  inspectors 
provided  for  by  this  act  shall  have  been  elected  and  duly 
qualified  and  shall  enter  upon  the  duties  of  their  respect- 
ive offices. 

(§154.)  SEC.  4,     Each    of    the    officers    elected    at    such  Term  of  office, 
meetings,   except   justices   of   the   peace   and   school  inspect- 
ors,   shall   hold   his   office   for   the    term    of    one    year    and 
until   his   successor   shall   be   elected   and   duly    qualified. 

($155.)  SEC.  5.     No    person,     except   an   elector   as   afore-  who  eii«u>ie 
said,  shall   be   eligible   to    any   elective    office    contemplated to 
in   this   chapter:     Provided,  however,  That   any   female   per- Proviso, 
son   of   or  above    the    age    of    twenty-one    years,    who.  has 
resided    in    this    State   three   months   and   in   the   township 
ten   days   next   preceding  any    election,  shall   be   eligible   to 
the   office   of  school   inspector. 

(§156. )     SECTION  1.    All   boards   or   officers   authorized  by  Examining 
law    to    examine    applicants   for   certificates   of  qualification  25ft5i°from 
as   teachers   shall   collect,  at   the   time   of  examination   from  teachers. 
each   male   applicant   for   a   certificate,  an  annual  fee  of  one 
dollar,   and   from    each   female   applicant  for  a  certificate,  an 
annual   fee  of   fifty   cents;  and   the   director   or   secretary    of 
any   school   board   that   shall    employ   any   teacher   who   has 
not  paid  the  fee  hereinbefore  provided,  shall   collect   at   the 
time     of     making    contract,    from     each     male    teacher    so 
employed,    an    annual    fee    of    one    dollar,    and    from    each 
female   teacher   so   employed,  an   annual   fee   of    fifty   cents. 
All    persons   paying   a  fee,   as  required  by  this  section,   shall 
be  given   a   receipt   for   the   same,    and   no   person   shall   be 
required   to   pay   said   fee    more    than    once,   in   any   school 
year. 

(§157.)  SEC.  2.     All   such   fees    collected   by   the  director  Fees  to  be  paw 
or   secretary   of   any   school    board    shall    be    paid    over    to 
the   secretary    of   the   county    board   of  school   examiners   of 
the   county   in    which   they    were  collected,  on  or  before  the 
fifteenth   day    of    March,    June,    September   and   December, 


CHAPTER   XV. 

[  Act  No.  53,  Laws  of  1877.  | 

TEACHERS'  INSTITUTES. 


i' §136.)  The  requirements  of  the  statutes  apply  to  all  teachers,  whether  applicants  for 
certificates,  or  employed  by  school  boards,  save  that  bat  one  fee  can  be  required  for  any 
one  year.— Pan  Riper,  Attorney  General,  March  21,  1W4. 


60 


GENERAL  SCHOOL  LAWS. 


rees  so  paid  to 

ers'8in8tituteeacb 
tuna. 


Annuai  county 


proviso. 


accompanied  by  a  list  of  those  persons  from  whom  they 
were  collected;  and  all  of  such  fees,  together  with  all  those 
that  shall  be  collected  by  the  county  board  of  school  exam- 
iners, shall  be  paid  over  by  the  secretary  of  said  board 
of  school  examiners  to  the  treasurer  of  the  county  in  which 
they  were  collected,  on  or  before  the  last  day  of  March, 
June,  September,  and  December,  in  each  year,  accompanied 
by  a  complete  list  of  all  persons  from  whom  said  fees 
were  collected  ;  and  a  like  list,  accompanied  by  a  statement 
from  the  county  treasurer  that  said  fees  have  been  paid  to 
him,  shall  be  sent  by  said  secretary  to  the  Superintendent 
of  Public  Instruction.  All  moneys  paid  over  to  the  county 
treasurer  as  provided  by  this  act,  shall  be  set  apart  as  a 
teachers'  institute  fund,  to  be  used  as  hereinafter  provided. 

(§158.)  SEC.  3.  The  Superintendent  of  Public  Instruc- 
tion  shall  annually  appoint  a  time  and  place  in  each  organ- 
ized county  for  holding  a  teachers'  institute,  make  suitable 
arrangements  therefor,  and  give  due  notice  thereof:  Pro- 
vided, That  in  organized  counties  having  less  than  one 
thousand  children  between  the  ages  of  five  and  twenty 
years,  the  holding  of  said  institute  shall  be  optional  with 
the  said  superintendent,  unless  requested  to  hold  such  insti- 
tute by  fifteen  teachers  of  the  county  in  which  such 
institute  is  to  be  held:  Provided,  however,  That  if  there 
shall  not  be  a  sufficient  number  of  teachers  in  any  county 
to  make  such  request,  then  teachers  of  adjoining  counties 
who  desire  to  attend  such  institute  may  unite  in  the 
required  application  to  said  superintendent:  Provided  also, 
That  the  said  superintendent  may,  in  his  discretion,  hold 
an  institute  for  the  benefit  of  two  or  more  adjoining 
counties  and  draw  the  institute  fund  from  each  of  the 
counties  thus  benefited,  as  hereinafter  provided. 

(§159.)  SEC.  4.  The  Superintendent  of  Public  Instruc- 
ti°n>  in  case  °f  inability  personally  to  conduct  any  insti- 
tute or  to  make  the  necessary  arrangements  for  holding 
the  same,  is  hereby  authorized  to  appoint  some  suitable 
person  for  that  purpose,  who  shall  be  subject  to  the  direc- 
tion of  said  superintendent.  Every  teacher  attending  any 
institute  held  in  accordance  with  the  provisions  of  this 
act,  shall  be  given  by  the  Superintendent  of  Public 
Instruction  or  by  the  duly  appointed  conductor,  a  certifi- 
cate setting  forth  at  what  sessions  of  said  institute  such 
teacher  shall  have  been  in  attendance;  and  any  teacher 
wl?°  sha^  have  olosed  hi8  or  her  school  in  order  to  attend 
said  institute  shall  not  forfeit  his  or  her  wages  as  teacher 
during  such  time  as  he  or  she  shall  have  been  in  attend- 
ance at  said  institute,  and  the  certificate  hereinbefore  pro- 
vided shall  be  evidence  of  such  attendance. 

(§160.)  SEC.  5.  For  the  purpose  of  defraying  the  expenses 
Q£  roomgj  fires,  lights,  or  other  necessary  charges,  and  for 
procuring  teachers  and  lecturers,  the  said  superintendent 
or  the  person  duly  authorized  by  him  to  conduct  said 
institute,  may  demand  [an  order]  of  the  county  clerk  of 


proviso. 


proviso. 


conductor  of 


Teachers  can 


Expenses  of 
institute,  how 


GENERAL  SCHOOL  LAWS.  61 

3ach  county  for  the  benefit  of  which  the  institute  is  held, 
tfho  shall  thereupon  draw  an  order  on  the  county  treas- 
urer of  his  county  for  such  sum,  not  exceeding  the  amount 
)f  the  institute  fund  in  the  county  treasury,  as  may  be 
accessary  to  defray  the  expenses  of  said  institute;  and  the 
;reasurer  of  said  county  is  hereby  required  to  pay  over 
GO  said  superintendent  or  duly  appointed  institute  con- 
ductor, from  the  institute  funds  in  his  hands,  the  amount 
of  said  order. 

(§161.)  SEC.  6  In  case  the  institute  fund  in  any  county  May  draw  ou 
shall  be  insufficient  to  defray  the  necessary  expenses  of 
any  institute  held  under  the  provisions  of  this  act,  the 
Auditor  General  shall,  upon  the  certificate  of  the  superin- 
tendent that  he  has  made  arrangements  for  holding  such 
institute  and  that  the  county  institute  fund  is  insufficient 
to  meet  the  expenses  thereof,  draw  his  warrant  upon  the 
State  Treasurer  for  such  additional  sum  as  said  superin- 
tendent shall  deem  necessary  for  conducting  such  institute, 
which  sum  shall  not  exceed  sixty  dollars  for  each  insti- 
tute of  five  days'  duration,  and  shall  be  paid  out  of  the 
general  fund. 

(§162.)  SEC.  7.     The   Superintendent  is  authorized  to  hold,  Yearly  state 
once   in    each    year,   an   institute    for   the    State   at   large   to lQ8tltute< 
be   denominated   a   State   institute;   and   for   the   purpose   of  Expenses  to  be 
defraying    the    necessary    expenses    of     such    institute,    the  Treasury?8 
Auditor   General   shall,   on   the   certificate   of    said    superin- 
tendent  that   he   has   made    arrangements   for   holding   such 
institute,  draw   his   warrant   upon   the    State    Treasurer    for 
such   sum   as   said   superintendent   shall   deem   necessary  for 
conducting    such    institute,    which    sum    shall    not    exceed 
four  hundred   dollars    and   shall   be   paid    out    of    the    gen- 
eral  fund :     Provided,  That  not   more    than    eighteen    hun-  proviso, 
dred   dollars    shall    be    drawn    from    the    treasury,    or    any 
greater    liability    incurred    in    any    one    year,  to   meet   the 
provisions  of  this  act. 

(§163.)  SEC.  8.     The    Superintendent    of   Public   Instruo-  voucher* for 
tion,  or  the   conductor  of  the   institute  by   him   appointed,  Payment8- 
drawing   money   from    the    county    treasurer    under    section 
five    of    this    act,    shall,    at    the    close    of    each     institute, 
furnish    to   the   county   treasurer    vouchers  for  all  payments 
from    the   same   in   accordance   with    this   act;   and  he    shall 
return   to    the    county   treasurer    whatever    of    the    amount 
that   may   remain    unexpended,   to  be  replaced   in   the   insti- 
tute  fund. 

(§164.)  SEC.  9.  An  act  entitled  "An  Act  to  establish  Acts  repealed. 
Teachers'  Institutes,"  approved  February  tenth,  eighteen 
hundred  "fifty-five,  as  amended  by  act  two  hundred  thirty- 
nine,  session  laws  of  eighteen  hundred  sixty-one,  being  com- 
piler's sections  three  thousand  seven  hundred  eighty-nine, 
three  thousand  seven  hundred  ninety,  and  three  thousand 
seven  hundred  ninety-one  of  the  compiled  laws  of  eighteen 
hundred  seventy-one,  are  hereby  repealed. 


62 


GENERAL  SCHOOL  LAWS. 


CHAPTER   XVI. 


[  From  Act  No.  194,  Laws  of  1889.  ] 


NORMAL   SCHOOL  DIPLOMAS   AND   CERTIFICATES. 


Of  the  Normal 
School. 


Proviso. 


Course  of  study, 
training  school, 
etc. 


Diplomas. 


Certificate  to 
teach,  when 
granted,  term 
of,  etc. 


See  App.  A,  92, 
§§  130,  169,  233. 


Proviso. 


Life  certificates 
when  granted, 
etc. 


May  be  revoked 


(§165.)  SEC.  3.  The  State  Board  of  Education  shall 
continue  the  normal  school  at  Ypsilanti  in  the  county  of 
Washtenaw,  where  it  is  now  located.  The  purpose  of  the 
normal  school  shall  be  the  instruction  of  persons  in  the 
art  of  teaching,  and  in  all  the  various  branches  pertain- 
ing to  the  public  schools  of  the  State  of  Michigan:  Pro- 
vided, There  shall  be  prescribed  for  said  school  a  course  of 
study  intended  specially  to  prepare  students  for  the  rural 
and  the  elementary  [graded]  schools  of  this  State,  which 
shall  provide  not  less  than  twenty  weeks  of  special  pro- 
fessional instruction. 

(§166.)  SEC.  5,  Said  board  shall  provide  all  necessary 
courses  of  study  to  be  pursued  in  the  normal  school,  and 
establish  and  maintain  in  connection  therewith  a  fully 
equipped  training  school  as  a  school  of  observation  and 
practice,  and  shall  grant,  upon  the  completion  of  either 
of  said  courses,  such  diplomas  as  it  may  deem  best;  and 
such  diploma,  when  granted,  shall  carry  with  it  such 
honors  as  the  extent  of  the  course  for  which  the  diploma 
is  given  may  warrant  and  said  Board  of  Education  may 
direct. 

(§167.)  SEC.  6.  Upon  the  completion  of  the  course  spe- 
cially prescribed,  as  hereinbefore  provided  for  the  rural  and 
elementary  graded  schools,  said  Board  of  Education  shall, 
upon  the  recommendation  of  the  principal  and  a  majority 
of  the  heads  of  departments  of  said  school,  grant  a  cer- 
tificate which  shall  be  signed  by  said  board  and  the  prin- 
cipal of  the  normal  school,  which  certificate  shall  contain 
a  list  of  the  studies  included  in  said  course  and  which 
shall  entitle  the  holder  to  teach  in  any  of  the  schools  of 
the  State  for  which  said  course  has  been  provided  for  a 
period  of  five  years:  Provided,  That  said  certificate  may 
be  suspended  or  revoked  by  said  State  Board  of  Education 
upon  cause  shown  by  any  county  board  of  examination,  or 
by  any  board  of  school  officers. 

(§168.)  SEC  7.  Upon  the  completion  of  either  of  the 
advanced  courses  of  study  prescribed  by  said  State  board, 
which  shall  require  not  less  than  four  years  for  their  com- 
pletion, said  Board  of  Education,  upon  the  recommendation 
of  the  principal  and  a  majority  of  the  heads  of-  depart- 
ments of  said  school,  shall  issue  a  certificate  to  the  per- 
son completing  said  course,  which  certificate  shall  be 
referred  to  in  the  diploma  hereinbefore  provided  to  be 
granted.  Said  certificate  shall  set  forth  a  list  of  the 
studies  of  the  course  completed  and,  when  given,  shall 


GENERAL  SCHOOL  LAWS.  63 

operate   as   a  'life   certificate,    unless   revoked   by   said   State 
Board   of   Education. 

(§169.)  SEC.  8.     The  Board  of  Education  shall  make  such  Admission  or 
regulations  for   the  admission  of  pupils  to  said  school  as  it  pupU8* 
shall  deem  necessary  and  proper:    Provided,  That  the  appli-  proviso, 
cant   shall,  before  admission,  sign  a  declaration  of  intention 
to   teach   in   the   schools   in   this   State. 


CHAPTER   XVII. 

[  From  Act  No.  73,  Laws  of  1895.  ] 
STATE  CERTIFICATES   TO   TEACHERS. 

(§170.)  SEC.   15.   Said   board   shall  hold  at  least  two  meet- Board  to  grant 
ings   each   year,  at   which   they   shall   examine  teachers   and  w 
shall    grant    certificates    to    such    as    have    taught    in    the 
schools   of   this   State   at   least   two    years,    and    who    shall, 
upon   a   thorough   and   critical    examination   in   every   study 
required   for   such   certificate,   be   found   to   possess   eminent 
scholarship,   ability  and  good  moral  character.     Such  certifi- 
cate   shall    be   signed   by    the   members   of  said   board   and 
be   impressed    with    its    seal,    and    shall    entitle    holder    to 
teach    in   any   of   the   public   schools   of  this   State   without 
further    examination,    and    shall    be    valid    for    life,    unless 
revoked    by    said    board.     No    certificate    shall    be    granted 
except   upon   the   examination   herein  prescribed:    Provided, 
That   the   said   State   Board   of   Education   may,  in   its   dis-  certificates  of 
cretion,   endorse  State  teachers'  certificates  or  normal  school  ot 
diplomas  granted   in   other   States,    if    it    be   shown   to   the 
satisfaction   of  such   board    that   the   examinations  required 
or  courses  of  study  pursued  are  fully  equal   to   the  require- 
ments  of   this   State. 


CHAPTER   XVIII. 

f  Act  No.  117,  Laws  of  1855.  ] 

TEACHERS'  ASSOCIATIONS. 

(§171.)     SECTION  1.     Any    fifteen    or    more    teachers,    or  nf teen  or  more 
other  persons   residing   in   this    State,    who    shall    associate  {oScorX 
for   the   purpose   of  promoting   education    and    science,   and tlon- 
improvements   in   the   theory   and   practice  of  teaching,   may 
form   themselves   into   a   corporation,   under    such    name    as 
they   may   choose,  providing    they   shall   have   published   in  Notice  to  be 
some   newspaper    printed   at   Lansing    or   in   the   county   in  Publl8hed- 
which    such    association   is   to   be   located,  for   at   least   one 
month   previous,   a   notice   of  the   time,    place,   and   purpose 
of   the   meeting   for   such   association,   and   shall   file   in   the  constitution, 

where  fllfld. 


64 


GENERAL,  SCHOOL  LAWS. 


office   of   the   Secretary   of   State   a   copy  of  the  coDstitution 
and   by-laws  of  said   association. 

May  how  (§172.)  SEC.  2.     Such   association    may   hold   and   possess 

real  and  personal  property  to  the  amount  of  five  thousand 
dollars;  but  the  funds  or  property  thereof  shall  not  be 
used  for  any  other  purpose  than  the  legitimate  business 
of  the  association  in  securing  the  objects  of  its  corporation. 
(§173.)  SEC.  3.  Upon  becoming  a  corporation  as  herein- 
before provided,  they  shall  have  all  the  powers  and  priv- 
ileges, and  be  subject  to  all  the  duties  of  a  corporation, 
according  to  the  provisions  of  chapter  fifty-five  of  the 
revised  statutes  of  this  State  [Chap.  130,  compiled  laws  of 
1871],  so  far  as  such  provisions  shall  be  applicable  in 
such  case  and  not  inconsistent  with  the  provisions  of  this 
act. 


Restrictions 
upon  its  use. 


Privileges  and 
liabilities  of 
corporations. 


CHAPTER   XIX. 


[  Act  No.  181,  Laws  of  1875.  J 


"Public 
moneys" 
defined. 
See  App.  A, 

mr  50-79. 


Public  moneys  to 
be  kept  separate 
from  all  other 
funds. 


How  used. 


Interest  on  pub- 
lic moneys  to 
constitute  a 
general  fund. 


Officers  not  to 
receive  consider- 
ation for  deposit 
of  money  with 
particular  bank, 
etc. 


SAFE  KEEPING  OF  PUBLIC  MONEYS. 

(§174.)  SECTION  1.  All  moneys  which  shall  come  into 
the  hands  uf  any  officer  of  the  State,  or  of  any  officer  of 
any  county,  or  of  any  township,  school  district,  highway 
district,  city,  or  village,  or  of  any  other  municipal  or  pub- 
lic corporation  within  this  State,  pursuant  to  any  provi- 
sion of  law  authorizing  such  officer  to  receive  the  same, 
shall  be  denominated  public  moneys  within  the  meaning 
of  this  act. 

(§175.)  SEC.  2.  It  shall  be  the  duty  of  every  officer 
charged  with  the  receiving,  keeping  or  disbursing  of  pub- 
lic moneys  to  keep  the  same  separate  and  apart  from  his 
own  money,  and  he  shall  not  commingle  the  same  with  his 
own  money,  nor  with  the  money  of  any  other  person,  firm, 
or  corporation. 

(§176.)  SEC.  3.  No  such  officer  shall,  under  any  pretext, 
use  nor  allow  to  be  used,  any  such  moneys  for  any  pur- 
pose other  than  in  accordance  with  the  provisions  of  law; 
nor  shall  he  use  the  same  for  his  own  private  use,  nor 
loan  the  same  to  any  person,  firm,  or  corporation,  without 
legal  authority  so  to  do. 

(§177.)  SEC.  4.  In  all  cases  where  public  moneys  are 
authorized  to  be  deposited  in  any  bank,  or  to  be  loaned 
to  any  individual,  firm,  or  corporation,  for  interest,  the 
interest  accruing  upon  such  public  moneys  shall  belong 
to  and  constitute  a  general  fund  of  the  State,  county,  or 
other  public  or  municipal  corporation,  as  the  case  may  be. 

(§178.)  SEC.  5.  In  no  case  shall  any  such  officer,  directly 
or  indirectly,  receive  any  pecuniary  or  valuable  considera- 
tion as  an  inducement  for  the  deposit  of  any  public 
moneys  with  any  particular  bank,  person,  firm,  or  corpo- 
ration. 


H 


GENERAL  SCHOOL  LAWS.  65 

(§179.)  SEC.   6.     The    provisions    of    this   act   shall   apply  provisions  of 
to   all   deputies   of   such    officer  or  officers,  and  to  all  clerks,  lode^Su^c7 
agents,    and   servants   of   such    officer   or   officers. 

(£180. )  SEC.   7.     Any   person   guilty   of   a  violation  of  any  penalty  for  vio- 
of   the   provisions   of   this   act   shall,   on   conviction    thereof,  SttSST* 
be   punished   by    a   fine  not  exceeding  one  thousand  dollars, 
or     imprisonment    in    the    county   jail    not    exceeding    six 
months,   or   both    such    fine   and  imprisonment  in  the  discre- 
tion  of   the    court:     Provided.    That    nothing    in    this    act  proviso, 
contained    shall    prevent    a    prosecution    under   the   general 
statute   for   embezzlement   in    cases   where   the  facts  warrant 
a   prosecution   under  such   general  statute. 

(§181.)  SEC.  8.     Any   officer    who    shall   wilfully   or    cor- penalty  for 
rup'tly   draw   or   issue   any    warrant,   order,   or   certificate   for  11 

the  payment  of  money  in  excess  of  the  amount  authorized 
by  law,  or  for  a  purpose  not  authorized  by  law,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  may  be  punished  as 
provided  in  the  preceding  section. 


CHAPTER    XX. 

[Act  No.  95,  Public  Acts  of  1395.  ] 
COMPULSORY   EDUCATION  OF  CHILDREN. 

(§182.)  SECTION.  1.  The  People  of  the  State  of  Michigan  Duty  of  parent 
enact,  That  every  parent  guardian  or  other  person  in  the 
State  of  Michigan  having  control  and  charge  of  any  child  to  SCHOOL 
or  children  between  the  ages  of  eight  and  fourteen  years, 
and  in  cities  between  the  ages  of  seven  and  sixteen  years, 
shall  be  required  to  send  such  child  or  children  to  the 
public  school  for  a  period  of  at  least  four  months  in 
each  school  year,  except  that,  in  cities  having  a  duly  con- 
stituted police  force,  the  attendance  at  school  shall  not  be 
limited  to  four  months,  beginning  on  the  first  Monday  of 
the  first  term  commencing  in  his  or  her  district  after 
September  1,  1895,  and  of  each  year  thereafter.  Such 
attendance  shall  be  consecutive  and  each  and  every  pupil 
between  the  ages  specified  shall  have  attended  school  the 
entire  four  months  previous  to  the  thirtieth  day  of  June 
in  each  school  year:  Provided,  If  it  be  shown  that  such 
child  or  children  are  being  taught  in  a  private  school  in 
such  branches  as  are  usually  taught  in  the  public  schools, 
or  have  already  acquired  the  ordinary  branches  of  learn- 
ing taught  in  public  schools,  or  if  the  person  or  persons 
in  parental  relation  to  such  child  or  children  present  a 
written  statement  that  such  child  or  children  are  physically 
unable  to  attend  school,  the  truant  officer  or  district  board 
may  employ  a  reputable  physician  to  examine  such  child 
or  children ;  and  if  such  physician  shall  certify  that  such 
child  or  children  are  physically  unable  to  attend  school, 
9 


66 


GENERAL  SCHOOL  LAWS. 


Truant  officer. 


la  cities. 


truant  officer. 


such  child  or  children  shall  be  exempt  from  the  provi- 
sions of  this  act :  And  further  provided,  In  case  a  public 
school  shall  not  be  taught  for  four  months  during  the 
time  specified,  within  two  miles  by  the  nearest  traveled 
road  of  the  residence  of  any  person  within  the  school 
district,  he  or  she  shall  not  be  liable  to  the  provisions  of 
this  act. 

(§183.)  SEC.  2.  The  district  board  or  board  of  education 
in  each  school  district  in  the  State  which  has  been  organ- 
ized as  a  graded  school  district  or  as  a  township  district 
according  to  the  laws  of  the  State,  shall,  at  its  first  meet- 
ing, after  this  law  goes  into  effect  and  previous  to  the  tenth 
day  of  September  of  each  year,  appoint  a  truant  officer  for 
the  term  of  one  year  from  and  after  the  first  Monday  of 
September  of  each  year.  In  townships  whose  districts  have 
been  organized  under  the  primary  school  law,  the  chairman 
of  the  township  board  of  school  inspectors  shall  be  the 
truant  officer  and  shall  perform  all  the  duties  of  truant 
officer,  as  provided  for  in  this  act,  so  far  as  the  provis- 
ions of  this  law  applies  to  the  territory  over  which  he  has 
jurisdiction :  Provided,  That  in  cities  having  a  duly  organ- 
ized police  force,  it  shall  be  the  duty  of  the  police  author- 
ities, at  the  request  of  the  school  authorities,  to  detail  one 
or  more  members  of  said  force  to  perform  the  duties  of 
compensation  of  truant  officer.  The  compensation  of  the  truant  officer  shall 
be  fixed  in  graded  school  districts  by  the  board  which 
appoints,  and  in  townships  by  the  township  board,  and  in 
no  case  shall  such  compensation  be  less  than  one  dollar 
and  fifty  cents  per  day  for  time  actually  employed  under 
the  direction  of  the  school  board  in  performance  of  his 
official  duties.  The  compensation  of  truant  officers  shall 
be  allowed  and  paid  in  the  same  manner  as  incidental 
expenses  are  paid  by  such  boards. 

(§184.)  SEC.  3.  It  shall  be  the  duty  of  the  truant  officer 
to  investigate  all  cases  of  truancy  or  non-attendance  at 
school,  and  render  all  service  within  his  power  to  compel 
children  to  attend  school;  and,  when  informed  of  continued 
non-attendance  by  any  teacher  or  resident  of  the  school  dis- 
trict, he  shall  immediately  notify  the  persons  having  con- 
trol of  such  children  that,  on  the  following  Monday,  such 
children  shall  present  themselves  with  the  necessary  text 
books  for  instruction  in  the  proper  school  or  schools  of 
the  district.  The  notice  shall  inform  said  parent  or 
guardian  that  attendance  at  school  must  be  consecutive  at 
least  eight  half  days  of  each  week,  until  the  end  of  that 
term ;  except  in  cities  having  a  duly  constituted  police 
force,  attendance  in  school  shall  be  continuous.  In  case  any 
parent,  guardian,  or  other  person  shall  fail  to  comply  with 
the  provisions  of  this  act,  he  shall  be  deemed  guilty  of  a 
misdemeanor  and  shall,  on  conviction,  be  liable  to  a  fine  of 
not  less  than  five  dollars  nor  more  than  fifty  dollars,  or  by 
imprisonment  in  the  county  or  city  jail  for  not  less  than 


Duty  of  truant 
officer. 


Notice  to 
parents. 


Penalty. 


GENERAL  SCHOOL  LAWS.  67 


two   nor   more   than   ninety   days,   or   by   both  such  fine  and 
imprisonment   in   the   discretion    of   the   court. 

(s>185. )  SEC.  4.     In   all   city   school  districts  in  this  State  ungraded 
having    a    school    census   of   five   hundred    or   more   pupils,  8C 
the   school   board   or  officers    having   in   charge   the   schools 
of    such    districts    may     establish    one    or    more    ungraded 
schools   for   the   instruction    of    certain    children,   as   defined 
and    set   forth    in  the  following  section.     They  may,  through 
their   truant   officer   and    superintendent   of    schools,   require 
such    children    to    attend    said    ungraded    schools,    or    any 
department   of  their  graded   schools,   as   said  board   of   edu- 
cation  may   direct. 

(§186.)  SEC.  5.  The  following  classes  of  persons  between  juvenile  aia- 
the  ages  of  eight  and  fourteen  years,  and  in  cities  between 
the  ages  of  seven  and  sixteen  years,  shall  be  deemed  juve- 
nile disorderly  persons  and  shall,  in  the  judgment  of  the 
proper  school  authorities,  be  assigned  to  the  ungraded 
school  or  schools  as  provided  in  section  four  of  this  act: 
class  one,  habitual  truants  from  any  school  in  which  they 
are  enrolled  as  pupils;  class  two,  children  who,  while 
attending  any  school,  are  incorrigibly  turbulent,  disobed- 
ient, or  insubordinate,  or  are  vicious  or  immoral  in  con- 
duct; class  three,  children  who  are  not  attending  any 
school  and  who  habitually  frequent  streets  and  other  pub- 
lic places,  having  no  lawful  business,  employment,  or  occu- 
pation. 

(§187.)  SEC.  6.      It    shall    be    the    duty    of    the    truant  Further  duty  of 
officer,  in   case   of   a   violation   of  this  law,  within  one  week  truant  offlcer- 
after    having    given    the  notice   to   the  parent  or  guardian 
as  specified   in   section   three,  to   make   a  complaint  against  complaint  and 
said    parent,   guardian,    or    other   person    having    the    legal warrant- 
charge   and   control   of  such   child,   before   a   justice   of  the 
peace    in    the    city,    village,    or   township    where   the   party 
resides,   (except   in   cities   having  recorder's  or  police  court) 
for   such   refusal   or  neglect;  and   said   justice   of  the  peace, 
police  judge,  or  recorder's  court  shall  issue   a   warrant   upon 
said   complaint   and   shall   proceed    to    hear    and    determine 
the   same;  and    upon  conviction    thereof  said  parent,  guard- 
ian   or    other    person   as   the   case   may   be,    shall    be    pun- 
ished  according   to   provisions   of  section   three   of  this  act. 
It   shall   be   the  duty  of   all  school  officers,   superintendents, 
or   teachers,   to    render    such    assistance    and    furnish    such 
information   as   they   have   at   their    command,    to    aid    said 
truant   officer   in   the   fulfillment   of   his   official  duties. 

(£188.)  SEC.  7.     When,   in   the  judgment  of  school  boards  commitment  to 
of  primary   and   township    school    districts   or   the   superin-  reformatory- 
tendent   of   city   schools    and    the  truant   officer,    it   becomes 
certain    that   all    legal   means   have   been  exhausted  in  their 
attempts  to  compel   the   attendance   at   school   of   a   juvenile 
disorderly    person,   the   truant   officer   shall,   in  case  the  per- 
son in  parental  relation  to  the  child    neglects   or   refuses   to 
do   so,   make   a    complaint   against   such    juvenile    disorderly 
person    before    a    court    of   competent   jurisdiction,   that  said 


68  GENERAL  SCHOOL  LAWS. 

child  is  a  juvenile  disorderly  person  as  described  in  section 
five  of  this  act.  The  justice  of  the  peace  or  court  shall 
issue  a  warrant  and  proceed  to  hear  such  complaint;  and,  if 
said  justice  of  the  peace  or  court  shall  determine  that  said 
child  is  a  juvenile  disorderly  person  within  the  meaning  of 
this  act,  then  said  justice  of  the  peace  or  court  shall  there- 
upon and  after  consultation  with  the  county  agent  of  cor- 
rections and  charities,  sentence  such  child,  if  a  boy,  to  the 
Industrial  School  for  Boys  at  Lansing  for  a  term  not  extend- 
ing beyond  the  time  when  said  child  shall  arrive  at  the  age 
of  seventeen  years,  unless  sooner  discharged  by  the  board 
of  control  of  said  Industrial  School  for  Boys;  or,  if  a  girl, 
to  the  Industrial  Home  for  Girls  at  Adrian,  for  a  term 
not  extending  beyond  the  time  when  said  child  shall 
arrive  at  the  age  of  seventeen  years,  unless  sooner  dis- 
charged by  the  board  of  control  of  said  Industrial  Home 
for  Girls:  Provided,  however,  That  such  sentence  shall,  in 
case  of  the  first  offense,  be  suspended. 

(§189.)  SEC.  8.     All     acts    or    parts    of    acts     conflicting 
with  the  provisions   of  this   act   are  hereby   repealed. 


CHAFER   XXIII. 

[  Act  No.  222,  Public  Acts  of  1887.  ] 
TO   PREVENT  CRIME   AND   PUNISH   TRUANCY. 

certain  gins  (§190.)  SECTION  1.  The  People  of  the  State  of  Michigan 
XimXmfdT'1  enact,  That  every  boy  between  the  ages  of  ten  and  sixteen 
orderly  persons.  years  or  anv  gjrj  between  the  ages  of  ten  and  seventeen 
years,  who  shall  frequent  or  be  found  lounging  about 
ealoons  or  other  rooms  or  places  where  intoxicating  liquors 
are  kept  for  sale,  or  who  shall,  against  the  command  of 
his  or  her  parent  or  guardian,  run  away  or  wilfully  absent 
himself  or  herself  from  the  school  he  or  she  is  attending, 
or  from  any  house,  office,  shop,  farm  or  other  place  where 
he  or  she  is  residing  or  legitimately  employed  to  labor, 
or  shall,  against  such  command  of  his  or  her  parent  or 
guardian,  or  for  an  immoral,  disorderly,  or  dishonest  pur- 
pose, be  found  lounging  upon  any  public  street,  highway, 
or  other  public  place,  or  shall,  against  such  command,  or 
for  any  such  purpose,  attend  any  public  dance,  skating 
rink,  or  show,  shall  be  deemed  to  be  a  truant  or  dis- 
orderly person. 

who  to  make  (§206.)  SEC.  2.  Upon  complaint  upon  oath  and  in 
writing  made  before  any  justice  of  the  peace  by  the 
parent  or  guardian  of  any  girl  between  the  ages  of  ten 
and  seventeen  years,  or  of  any  boy  between  ten  and  six- 
teen years  of  age,  or  by  the  supervisor  of  any  township, 
or  the  mayor  of  any  city,  or  president  of  any  village,  and 
in  cities  of  over  eight  thousand  population,  by  the  chief 
of  police,  that  any  such  minor  has  been  guilty  of  any  of 


GENERAL  SCHOOL,  LAWS.  69 

the   acts   specified   in   section   one   of  this   act,   such   justice 
shall   issue   his   warrant   for   the   arrest   of   such    minor,   and 
upon   such   conviction,  such    minor,   if   a   boy,   may   be   sen- upon  conviction, 
tenced  by  such  justice  to  the  Industrial  School  for  Boys .  at  JJtenced!* 
Lansing;  and,  if   a   girl,    to   the   State   Industrial   Home   for  Term  of 
Girls   at  Adrian ;  boys    until    seventeen    years    of    age    and Bentence- 
girls   until  twenty-one  years  of  age,  unless  sooner  discharged 
according   to   law:     Provided,  That    no    person    or    persons  proviso  as  to 
shall    be    sent    to   said   Industrial   School   for  Boys,   or   the 
Industrial   Home   for   Girls,   until   the   sentence   therein   has 
been   submitted   to   and   approved   by   the    circuit    judge   of 
the  circuit  or  the  judge  of  probate  of   the   county   in    which 
such  conviction  shall  be  had. 

(§191.)  SEC.  3.     The  same  proceedings  shall  be  had  upon 
the   trial   of   any   person   charged    with    being  guilty  of   any  uP°ntrial- 
of  the  offenses  mentioned  in  section  one  of   this   act   before 
the   justice   before   whom    such    person    is    brought    as    are 
had    in    trials    for    misdemeanor,    as    far    as    the   same   are 
applicable;   and   the   State   agent    for    the    care   of  juvenile  Duty  of  state 
offenders  of  the  county  wherein   such    offenders   may   be   on  agent< 
trial   shall   have   authority   and   take   the  same  action  in  the 
premises  as  is  provided  by  act  number  one  hundred  seventy- 
one  of   the   session    laws  of   eighteen   hundred   seventy-three 
of   this   State. 

CHAPTER    XXIV. 

[  Act  No.  147,  Public  Acts  of  1889.  J 
FREE    TEXT-BOOKS. 

(§192.)    SECTION  1.     From  and  after  June  thirtieth,  eight- District  to  vote 
een   hundred   and   ninety,   each   school   board   of    the    State  JJfSffiS^ftie 
shall   purchase,    when    authorized    as    hereinafter    provided,  text-books. 
the    text-books   used    by   the    pupils   of    the   schools   in   its  see  APP.  A, 
district  in  each  of  the   following   subjects,   to  wit :   orthogra-  1  wi. 
phy,  spelling,  writing,  reading,  geography,   arithmetic,  gram- 
mar (including   language  lesaons)  national  and  State  history, 
civil    government,    and    physiology    and    hygiene;   but    text 
books  once   adopted    under   the   provisions   of   this   act   shall 
not    be    changed    within    five    years :     Provided,    That    the  Proviso, 
text-book   on    the   subject   of    physiology    and   hygiene  must 
be   approved    by    the   State   Board   of   Education    and   shall 
in   every    way   comply    with    section   fifteen    of    act    number 
one  hundred   sixty-five  of   the   public   acts  of   eighteen  hun- 
dred  eighty-seven,    approved    June  ninth,   eighteen  hundred 
eighty -seven :    And   provided  further.    That    all     text-books  Proviso, 
used   in  any  district   shall    be  uniform    in   any  one   subject. 

(§193.)  SEC.   2.     The   district   board   of    each    school    dis-  District  board  to 
trict    shall    select    the    kind     of     text-books     on     subjects  «*iect text-books 
enumerated    in    section    one,   to    be    taught    in    schools    of 
their  respective   districts:     Provided,     That   nothing   herein 
contained   shall   require    any   change   in   text-books    now   in 


contai 


70 


GENERAL  SCHOOL  LAWS. 


Tote  to  be  taken  use  in  such  district.  They  sball  cause  to  be  posted  in  a 
conspicuous  place,  at  least  ten  days  prior  to  the  first 
annual  school  meeting  from  and  after  the  passage  of  this 
act,  a  notice  that  those  qualified  to  vote  upon  the  ques- 
tion of  raising  money  in  said  district  shall  vote  at  such 
annual  meeting  to  authorize  said  district  board  to  pur- 
chase and  provide  free  text-books  for  the  use  of  the 
pupils  in  said  district.  If  a  majority  of  all  the  voters, 
as  above  provided,  present  at  such  meeting,  shall  author- 
ize said  board  to  raise  by  tax  a  sum  sufficient  to  comply 
with  the  provisions  of  this  act;  the  district  board  shall 
thereupon  make  a  list  of  such  books  and  file  one  copy 
•with  the  township  clerk  and  keep  one  copy  posted  in  the 
school,  and  due  notice  of  such  action  by  the  district  shall 
be  noted  in  the  annual  report  of  the  Superintendent  of 

District  board  to  Public  Instruction.  The  district  board  shall  take  the  neces- 
sary  steps  to  purchase  such  books  for  the  use  of  all  pupils 
in  the  several  schools  of  their  districts,  as  hereinafter  pro- 
vided. The  text-books  so  purchased  shall  be  the  property 
of  the  district  purchasing  the  same,  and  shall  be  loaned 
to  pupils  free  of  charge,  under  such  rules  and  regulations 
for  their  careful  use  and  return  as  said  district  board  may 
establish:  Provided,  That  nothing  herein  contained  shall 
prevent  any  person  from  buying  his  or  her  books  from 
the  district  board  of  the  school  in  which  he  or  she  may 
attend:  Provided  further,  That  nothing  herein  contained 
shall  prevent  any  district  having  once  adopted  or  rejected 
free  text-books,  from  taking  further  action  on  the  same 
at  any  subsequent  annual  meeting. 

(§193.)  SEC.  3.  It  shall  be  the  duty  of  the  district 
k°arQl  of  any  school  district  adopting  free  text-books  pro- 
vided for  in  this  act  to  make  a  contract  with  some  dealer 
or  publisher  to  furnish  books  used  in  said  district  at  a 
price  not  greater  than  the  net  wholesale  price  of  such 
books:  Provided,  That  any  district  may,  if  it  so  desires, 
authorize  its  district  board  to  advertise  for  proposals  before 
making  such  contract. 

(§194.)  SEC.  4.  The  district  board  of  every  school  dis- 
trict  in  the  state  adopting  free  text-books  under  this  act 
shall  make  and  prepare  annually  an  estimate  of  the  amount 
of  money  necessary  to  be  raised  to  comply  with  the  con- 
ditions of  this  act,  and  shall  add  such  "  amount  to  the 
annual  estimates  made  for  money  to  be  raised  for  school 
purposes  for  the  next  ensuing  year.  Said  sum  shall  be 
in  addition  to  the  amount  now  provided  by  law  to  be 
raised,  which  amount  each  township  clerk  shall  certify  to 
the  supervisor  of  his  township  to  be  assessed  upon  the 
taxable  property  of  the  respective  districts  as  provided  by 
law  for  raising  the  regular  annual  estimates  of  the  respect- 
ive district  boards  for  school  purposes,  and  when  collected 
shall  be  paid  to  the  district  treasurer  in  the  same  man- 
ner as  all  other  money  belonging  to  said  district  is  paid 


authorized. 


proviso. 


proviso. 


Board  to  con- 


proviso. 


Board  to  mane 


be  raised. 


GENERAL  SCHOOL  LAWS. 


M 


(§195.)  SEC.   5.     On   the  first  day  of   February   next   after  wnen  director 
the'  tax   shall   have   been    levied,    the    director   of   said   dis-  £55$?* 
triot   may    proceed   to   purchase   the   books   required    by    the 
pupils   of   his   district   from    the    list    mentioned   in    section 
one   of  this   act,  and   shall   draw   his   warrant,    countersigned 
by    the    moderator,    upon    the    treasurer   or   assessor   of   the 
district   for   the   price   of   the   books  so  purchased,  including 
the   cost   of   transportation. 

(§196.)  SEC.  6.     If    the    officers    of    any    school    district,  Refusal  or 
which   has   so   voted   to   supply   itself  with  text-books,    shall  SutiTi 
refuse   or   neglect   to   purchase   at   the   expense    of    the   dis-  demeanor. 
trict,  for   the   use   of   the   pupils   thereof,   the   text-books   as 
enumerated    in   section   one   of   this   act,    or  to   provide'  the 
money    therefor   as   herein    prescribed,   each   officer   or   mem- 
ber   of    such    board    so    refusing,    or    neglecting,    shall    be 
deemed    guilty    of    a    misdemeanor,     and    upon    conviction  penaitj 
thereof   before   a   court   of   competent   jurisdiction,    shall   be 
liable    to    a    penalty    of    not    more    than    fifty    dollars    or 
imprisonment   in   the   county   jail   for  a   period   not   exceed- 
ing   thirty   days,    or    by    both    such    fine   and    imprisonment 
in   the   discretion   of   the   court:     Provided.    That    any    dis- proviso, 
trict   board    may    buy    its    books    of    local   dealers,    if    the 
same    can    be    purchased    and   delivered   to   the   director   as 
cheaply   as   if   bought   of   the   party    who   makes   the   lowest 
bid   to   the   district   board:     Provided  further,    That    school  Further pro^o. 
districts   in   cities   organized   under  special  charters  shall  be  in  cities  boards 
exempt   from   the   provisions  of   this  act;  but   such  districts  JSitton^ot- 
may,  when   so   authorized   by   a   majority   vote  of  their  dis- ers  or  district, 
trict   boards,  submit   the  question  of  free  text-books   to  the 
qualified     voters     of    said    districts.     If    a    majority    of    the 
qualified    electors    vote    in    favor   of     furnishing    free    text 
books,  such   district   boards   shall  have  authority  to  proceed 
under   the   provisions   of  this   act. 


CHAPTER   XXV. 

[  Act  No.  176,  Pablic  Acts  of  1891.  ] 
ORGANIZATION   OF   TOWNSHIP    DISTRICTS. 

(§197.)    SECTION  1.     Whenever    the    qualified    electors    of  Petition  for 
any    organized  township   in   the   upper   peninsula    desire    to  own»z»tlon. 
become    organized    into   a   single   school   district,   they    may 
petition  the  township   board    to  give  notice  that,  at  the  suc- 
ceeding township    meeting,   the    officers    for    such    organized 
school    district    will    be    chosen,    and    such    other    business 
transacted    as    shall    be    necessary    thereto.     Such    petition 
shall  be  signed  by    a    majority    of    the    qualified    electors   of  • 
the   township    and    shall    be    filed    in    the  office  of  the  town- 
ship clerk   at  least    fifteen    days    prior   to   the   annual   town- 
ship meeting.     Upon  the  receipt  and  filing  of  said  petition,  cier*  to  notify 
the   township   clerk    shall   notify  the  members   of  the  town- board>etc' 


the   t 


72 


GENERAL  SCHOOL  LAWS. 


To  be  siiigle 
districts,  etc. 


ship  board  and  the  school  [inspector]  inspectors  of  the 
township  to  attend  a  special  meeting  to  be  held  not  more 
than  five  days  thereafter,  and  at  which  meeting  it  shall 
be  the  duty  of  such  township  board  to  compare  the  names 
signed  to  the  petition  with  the  names  appearing  on  the 
list  of  registered  voters  qualified  to  vote  at  the  preceding 
election;  and  if  it  be  found  that  a  majority  of  the  voters 
qualified  to  vote  at  the  preceding  election  have  signed  the 
petition  that  the  organized  township  of  which  they  are 
resident  be  organized  as  a  single  school  district,  they  shall 
give  notice  that,  at  the  then  succeeding  township  meeting, 
officers  will  be  chosen  for  such  organized  school  district; 
and  shall  make  and  file,  both  with  the  county  clerk  and 
the  secretary*  of  the  board  of  school  inspectors  of  the 
county  in  which  such  township  is  located,  a  certified  copy 
of  the  above  mentioned  petition,  together  with  their  find- 
ings and  doings  thereon;  and  thereupon  such  township  shall 
become  a  single  school  district  which  shall  be  subject  to 
all  the  general  laws  of  the  State,  so  far  as  the  same  may 
be  applicable,  and  said  district  shall  have  all  the  powers 
and  privileges  conferred  upon  union  school  districts  by 
the  laws  of  this  State,  all  the  general  provisions  of  which 
relating  to  common  or  primary  schools  shall  apply  and  be 
enforced  in  said  district,  except  such  as  shall  be  incon- 
sistent with  the  provisions  of  this  act;  and  all  schools 
organized  in  said  district  in  pursuance  of  this  act,  under 
the  directions  and  regulations  of  said  board  of  education, 
shall  be  public  and  free  to  all  persons  actual  residents 
within  the  limits  thereof,  between  the  ages  of  five  and 
twenty  years,  inclusive,  and  to  such  other  persons  as  the 
board  of  education  shall  admit:  Provided,  That  whenever 
the  majority  of  electors  in  any  surveyed  township  in  such 
organized  township  shall  petition  the  board  of  education  to 
establish  a  school  or  schools  therein,  the  said  board  of 
education  are  hereby  authorized  and  directed  within  three 
months  thereafter  to  organize  such  school  or  schools 
therein. 

(§198.)  SEC.  2.  The  officers  of  said  district  shall  consist 
of  two  trustees,  who,  together  with  the  clerk  and  school 
inspectors  of  said  township,  shall  constitute  the  board  of 
education  of  said  district.  Said  trustees  shall  be  elected 
by  ballot  at  the  annual  township  meeting  of  the  township, 
upon  the  same  ticket  and  canvassed  in  the  same  manner 
as  township  officers  required  by  law  to  be  elected  by 
ballot:  Provided,  That,  at  the  annual  election  to  be  held 
in  said  township  next  subsequent  to  the  filing  of  the 
petition  as  set  forth  in  section  one  of  this  act,  there  shall 
be  elected  two  trustees  for  said  district  by  the  electors 
thereof,  one  of  whom  shall  hold  his  office  for  the  term 
of  one  year,  and  the  other  one  for  the  term  of  two  years, 
and  until  their  successors  shall  be  elected  and  qualified, 


Proviso. 


Officers  of 
district. 


Proviso. 


*  Commissioner  of  schools. 


GENERAL  SCHOOL  LAWS. 

and  the  time  for  which  the  person  voted  for  is  intended 
shall  be  designated  on  the  ballot;  and  at  each  election 
thereafter  to  be  held  one  trustee  shall  be  elected  in  said 
district,  who  shall  hold  his  office  for  the  term  of  two 
years  and  until  his  successor  shall  be  elected  and  quali- 
fied, said  trustee  to  be  designated  on  the  ticket  or  ballot 
for  "Member  of  Board  of  Education." 

(§199.)  SEC.   3.     Within    five   days   after   the   annual   elec- Duty  of  town- 
tion  the  township  clerk  shall  notify   in  writing,   the   persons  shlp  clerk)  etc< 
elected  trustees  under  this  act  of  their   election,  and    within 
five   days   thereafter   said    trustees   so    elected  shall  take  and 
subscribe  the  oath    of   office   prescribed   by    the   constitution 
of   this    State,    before    any   officer   authorized    to   administer 
oaths,   and   file    the    same    with    the    township    clerk.     The 
term    of   office   of   the   trustees   of   said    district    shall    com- 
mence  on   the   second   Monday    following   the   annual   town- 
ship  election   at   which    they   are   elected. 

(§200.)  SEC.  4.  The  members  of  the  board  of  education  organization  of 
shall  meet  on  the  third  Monday  of  April  of  each  year,  at board' etc> 
the  office  of  the  township  clerk,  and  organize.  The  school 
inspector  of  the  township  whose  term  of  office  will  soonest 
expire  shall  be  president  of  the  board  and  shall  be  entitled 
to  vote  in  all  cases.  In  the  absence  of  the  president  at 
any  meeting  a  majority  of  the  members  present  may  choose 
one  of  their  own  number  president  pro  tern.  The  township  cierk. 
clerk  of  said  township  shall  be  ex  officio  clerk  of  said  board  Treasurer- 
of  education,  and  shall  be  entitled  to  vote  thereon ;  and  in 
case  of  the  absence  of  said  clerk  the  board  may  choose 
some  suitable  person  to  perform  his  duties.  Said  board 
shall,  on  the  said  third  Monday  of  April  in  each  year, 
elect  from  their  own  number  a  treasurer,  who  shall  .  hold 
his v  office  for  one  year  and  until  his  successor  is  elected 
and  qualified  and  may  at  any  time  fill  a  vacancy  in  the 
office  of  treasurer:  Provided,  That  the  person  appointed  proviso, 
to  fill  a  vacancy  in  the  office  of  treasurer  shall  hold  the 
office  for  the  unexpired  portion  of  the  term  only.  The 
treasurer  of  said  board  shall,  within  five  days  after  his 
appointment  as  such  treasurer,  file  with  the  clerk  of  said 
board  the  constitutional  oath  of  office.  He  shall  also,  TO  give  bond, 
before  entering  upon  the  duties  of  his  office,  give  a  bond 
to  said  district  in  such  sum  and  with  such  sureties  as 
said  board  shall  determine  and  approve,  conditioned  for 
the  faithful  performance  of  his  duties  under  this  act,  and 
honestly  accounting  for  all  moneys  coming  into  his  hands 
belonging  to  said  district.  The  treasurer  of  said  board 
shall  have  the  keeping  of  all  school  and  library  moneys, 
and  shall  not  pay  out  the  same  without  the  authority  of 
the  board,  upon  warrants  or  orders  drawn  upon  him  and 
signed  by  the  clerk  and  countersigned  by  the  president. 

(§201.)  SEC.   5.     Said  board  of  education  shall  have  power  vacancies, 
to   fill   vacancies   that   may   occur  in    the    office    of    trustee 
until   the   next   annual   election,  and   such    trustee   shall   file 
10 


74  GENERAL  SCHOOL  LAWS. 

with   the   clerk   of  said   board   his  oath  of  office  within  five 
days   after   such   appointment  by   the   board. 

Quorum,  meet-  (§202.)  SEC.  6.  A  majority  of  the  members  of  said 
ings,  etc.  board  shall  constitute  a  quorum,  and  the  regular  meetings 
of  said  board  shall  be  held  on  the  third  Monday  of 
April,  August,  and  December  in  each  year,  and  no  notice 
of  such  meeting  shall  be  required;  and  any  two  members 
of  said  board  shall  be'  sufficient  to  adjourn  any  meeting 
from  time  to  time,  until  a  quorum  is  present.  Special 
meetings  of  said  board  may  be  called  at  any  time  on  the 
request  of  the  president  or  any  two  members  thereof,  in 
writing,  delivered  to  the  clerk,  and  the  clerk  upon  receiv- 
ing such  request  shall  at  once  notify  each  member  of  said 
board,  if  within  said  district,  of  the  time  of  holding  such 
meeting,  which  shall  be  at  least  three  days  subsequent  to 
the  time  of  receiving  such  request  by  said  clerk.  All  [the] 
meetings  of  said  board  shall  be  held  at  the  township 
clerk's  office,  unless  otherwise  ordered  by  a  resolution  of 
the  board;  and  all  records  and  papers  of  said  district  shall 
be  kept  in  the  custody  of  said  clerk  and  shall  be  open 
to  the  inspection  of  any  taxpayer  of  said  district. 
Board  to  report,  (§203. )  SEC.  7.  The  said  board  shall  be  the  board  of 
school  inspectors  for  said  district  and  shall,  as  such,  report 
to  the  clerk  of  the  county  in  which  such  township  is 
located,  and  shall  have  all  the  powers  and  perform  all  the 
duties  now  enjoyed  and  performed  by  boards  of  school 
inspectors;  and  the  president  of  said  board  shall  perform 
all  the  duties  required  by  law  of  the  chairman  of  the 
board  of  school  inspectors,  and  the  board  of  school 
inspectors  for  such  township  is  hereby  abolished  except 
as  its  powers  are  vested  in  said  board  of  education, 
powers  of  board,  (§204.)  SEC.  8.  The  board  of  education  of  said  district 
shall  have  power  and  authority  to  designate  and  purchase 
sohoolhouse  sites,  erect  buildings  and  furnish  the  same, 
employ  legally  qualified  teachers,  provide  books  for  district 
library,  make  by-laws  relative  to  taking  the  census  of  all 
children  in  said  district  between  the  ages  of  five  and  twenty 
years,  and  to  make  all  necessary  reports  and  transmit  the 
same  to  the  proper  officers,  as  designated  by  law,  so  that 
the  district  may  be  entitled  to  its  proportion  of  the  primary 
school  fund:  and  said  board  shall  have  authority  to  make 
all  needful  regulations  and  by-laws  relative  to  visitation  of 
schools;  relative  to  the  length  of  time  school  shall  be 
kept,  which  shall  not  be  less  than  three  months  in  each 
year;  relative  to  the  employment  of  teachers  duly  and 
legally  qualified;  relative  to  the  regulations  of  schools  and 
the  books  to  be  used  therein;  and  generally  to  do  all 
things  needful  and  desirable  for  the  maintenance,  prosper- 
ity, and  success  of  the  schools  of  said  district,  and  the 
promotion  of  a  thorough  education  of  the  children  thereof. 
Treasurer  to  ap.  It  shall  be  the  duty  of  the  treasurer  of  said  board  to  apply 
piy  for  moneys,  for 'and  receive  from  the  township  treasurer  or  other  officer 


GENERAL,  SCHOOL  LAWS. 


75 


holding  the  same,  all  moneys  appropriated  for  primary 
school  and  district  library  of  said  district. 

(§205. )  SEC.  9.  At  each  annual  township  meeting  held 
in  said  township,  the  qualified  electors  present  shall  deter- 
mine the  amount  of  money  to  be  raised  by  tax  for  all 
school  purposes  for  the  ensuing  year:  Provided,  That  in 
case  the  electors  at  any  annual  township  meeting  shall 
neglect  or  refuse  to  determine  the  amount  to  be  raised 
as  aforesaid,  then  the-  board  of  education  shall  determine 
the  same  at  any  regular  meeting  thereof,  which  amount 
the  township  clerk  shall,  within  sixty  days  thereafter,  cer- 
tify to  the  supervisor  of  the  township,  who  shall  spread 
the  same  upon  the  regular  tax  roll  of  said  township,  and 
the  same  shall  be  levied,  collected,  and  returned  in  the 
same  manner  as.  other  township  taxes:  Provided,  That  for 
purchasing  school  lots  and  for  erecting  schoolhouses,  no 
greater  sum  than  three  mills'  on  the  dollar  of  all  the  tax- 
able valuation  of  the  real  and  personal  property  in  said 
township  shall  be  levied  in  any  one  year. 

(§206.)  SEC.  10.  All  taxes  assessed  within  said  township 
for  school  purposes  shall  be  set  forth  in  the  assessment 
roll  of  said  township,  in  a  separate  column,  apart  and  dis- 
tinct from  all  other  township  taxes. 

(§207.)  SEC.  11.  The  treasurer  of  the  township  shall  at 
any  time,  at  the  written  request  of  said  board  of  educa- 
tion, report  to  said  board  the  amount  of  school  money  in 
his  hands,  and  shall,  on  the  order  of  the  president  of  said 
board  of  education,  pay  to  the  treasurer  of  said  board  all 
such  money,  taking  his  receipt  therefor,  and  also  a  dupli- 
cate receipt  which  he  shall  file  with  the  clerk  of  said 
board. 

(£208. )  SEC.  12.  The  said  board  shall  annually,  prior  to 
the  first  day  of  April  in  each  year,  make  a  detailed  state- 
ment of  the  number  of  schools  in  said  district,  the  num- 
ber of  teachers  employed,  and  the  number  of  pupils 
instructed  therein  during  the  preceding  year,  and  the 
expenditures  of  said  board  for  all  purposes,  and  also  the 
resources  and  liabilities  of  said  district,  which  report  or 
statement  shall  be  entered  at  length  in  the  record  of  said 
board  and  shall  be  publicly  read  by  the  president  of  said 
board  or,  in  his  absence,  by  the  clerk  thereof,  to  the 
electors  of  said  township  at  their  annual  meeting  on  the 
first  Monday  of  April  thereafter,  at  the  hour  of  twelve 
o'clock,  noon. 

(§209.)  SEC.  13.  All  school  property,  both  real  and  per- 
sonal, within  the  limits  of  a  township  incorporated  as 
aforesaid,  shall,  by  force  of  this  act  become  the  property 
of  the  public  schools  of  such  township  and  all  debts  and 
liabilities  of  the  primary  school  district  of  said  township 
as  they  existed  prior  to  its  incorporation  under  the  pro- 
visions of  this  act,  shall  become  the  debts  and  liabilities 
of  said  public  schools  of  the  township  so  incorporated. 


Tax  for  school 
purposes. 


Proviso. 


Idem, 


Of  assessment 
roll. 


Treasurer  to 
report,  etc. 


Board  to  make 
statement,  etc. 


Disposition  of 
school  propertj. 


76 


GENERAL  SCHOOL  LAWS. 


Compensation 
of  board,  etc. 


When  township 
is  divided,  etc. 


of  moneys  raised  (§210.)  SEC,  14.  All  money  raised  or  being  raised  by 
tax,  or  accrued  or  accruing  to  the  school  districts  of  said 
township  as  organized  under  the  primary  school  laws  of 
this  State,  shall  hereby  become  the  money  of  the  public 
school  of  the  township;  and  no  tax  heretofore  ordered, 
assessed,  or  levied  for  school  purposes  in  said  township 
or  other  proceedings,  shall  be  invalidated  or  affected  by 
means  of  this  act. 

(§211.)  SEC.  15.  The  compensation  of  the  members  of 
the  board  of  education  shall  be  one  dollar  and  fifty  cents 
for  each  day's  actual  service  rendered  for  said  district;  and 
the  clerk  and  treasurer  of  said  board  shall  receive  such 
compensation  for  their  services  as  the  board  may  deter- 
mine, not  exceeding  fifty  dollars  each  per  annum. 

(§212.)  SEC.  16.  When  any  township  district  shall  be 
divided  into  two  or  more  townships,  the  existing  board  of 
trustees  shall  continue  to  act  for  all  the  townships,  until 
the  same  have  been  organized  and  township  boards  of 
trustees  duly  elected  and  qualified  therein.  Immediately 
after  such  organization,  the  township  boards  of  each  of 
the  townships  shall  meet  in  joint  session  and  direct  an 
appraisal  of  all  the  school  property  of  the  former  town- 
ship to  be  made.  When  such  appraisal  has  been  made, 
said  township  boards  shall  make  an  equitable  division  of 
the  existing  assets  and  liabilities  of  the  school  district  of 
such  former  township,  basing  their  apportionment  upon  the 
amount  of  taxable  property  in  the  township  divided,  as 
shown  by  the  last  assessment  roll  of  such  former  town- 
ship. When  a  township  district  shall  be  altered  in  its 
limits  by  annexing  a  portion  of  its  territory  to  another 
township  or  townships,  the  township  board  of  each  of  the 
townships  shall,  immediately  after  such  alteration,  meet  in 
joint  session  and  make  an  equitable  division  of  the  assets 
and  liabilities  of  the  school  district  of  the  township  from 
which  the  territory  has  been  detached,  basing  their  divi- 
sion upon  the  amount  of  taxable  property,  as  the  same 
shall  appear  upon  the  last  assessment  roll  of  such  township. 


Alteration  of 
township,  etc. 


CHAPTER    XXVI. 

[  Act  No.  119,  Public  Acts  of  1891.  j 
*  INTRODUCTION  OF   THE    KINDERGARTEN. 


Duty  of  district  (§213.)  SECTION  1.  In  addition  to  the  duties  imposed  by 
law  upon  the  district  board  of  every  school  district  in  this 
State,  they  shall  also  be  empowered  to  provide  a  suitable 
room  or  apartment  for  kindergarten  work,  and  to  supply 
their  district  respectively  with  the  necessary  apparatus  and 

*  This  law  permits  the  introduction  of  the  kindergarten  method,  but  does  not  make  it 
mandatory. 


GENERAL  SCHOOL  LAWS. 


appliances  for  the  instruction  of  children  in  what   is   known 
as   the   kindergarten    method. 

i £214.)  SEC.   2.     In   the   employment   of   teachers   it   shall  Qualifications 
be  'competent   for   such   district   board    to   require   qualifier-  ° 
tions  for    instruction    of   children   in    kindergarten    methods; 
and    the   district   board    may   provide   by   contract   with   the 
teacher  for  such  instruction,  specifying  the  hours  and  times 
therefor   under   such   rules   as    the   district   board   may    pre- 
scribe. 

( £215. )  SEC.   3.     All   children   residing   within  the  district  what  children 
between   the   ages   of   four   and   seven    shall    be    entitled    to  •traedoo.   ' 
instructions   in   the   kindergarten   department    of    such    dis- 
trict  school. 

(£216.)  SEC.  4.     The   powers   and    duties    herein   imposed  Act  to  apply  to 
or   conferred    upon    the   district   shall   also   be   and  the  same  JJhooi8.°ther 
are  hereby  imposed  and  conferred  upon    the   school   trustees 
or    board    of    education    or   other   body,   by    whatever  name 
known,   managing   or   controlling  the  public  schools  in   each 
city    and   village   of   this  State;  and  this  act  is  hereby  made 
applicable   to   every   public   school   organized   by  special  act 
or  by  charter  as  fully  as  if  they  were  named  herein. 


CHAPTER   XXVII. 

[  Act  No.  144,  Public  Acts  of  1891.  ] 
UNIVERSITY   DIPLOMAS  AND  CERTIFICATES. 

(£217.)     SECTION  1.    The  faculty  of  the  department  of  lit- university  may 
erature,  science,   and  the  arts,  of  the  University  of  Michigan,  t^^"?^ 
shall   give   to   every   person  receiving  a  bachelor's,   master's,  see  §§  130,  tee, 
or   doctor's   degree,   and   also   a   teacher's   diploma   for   work  1<59> 
done   in   the   science   and   the   arts    of    teaching,   from    said 
university,   a    certificate,   which    shall   serve   as   a   legal   cer- 
tificate  of   qualification    to   teach    in    any   of   the   schools   of 
this   State,   when    a    copy    thereof    shall   have   been   filed   or 
recorded    in    the   office    of    the    legal    examining    officer    or 
officers  of  the  county,   township,  city,  or  district.     Such  oer-  or  annummr 
tificate    shall    not   be   liable   to   be   annulled   except   by    the w 
said   faculty    of   the   said    University ;  but   its  effect  may    be 
suspended   in    any   county,   township,    city,   or    district,    and 
the   holder   thereof   may    be   stricken    from  the  list  of  quali- 
fied  teachers   in    such  county,   township,   city,  or  district,   by 
the   legal   examining   officer   or   officers   of   the   said   county, 
township,   city,  or   district   for    any   cause   and    in    the   same 
manner   that   such    examining   officer   or   officers  may    be   by 
law   authorized   to   revoke   certificates   given    by   himself    or 
themselves,   and    such    suspension    shall    continue    in    force 
until   revoked   by    the   authority    suspending   it. 


78 


GENERAL  SCHOOL  LAWS. 


CHAPTER    XXVIII. 


[  Act  No.  186,  Public  Acts  of  1893.  ] 


certificates  to 


COLLEGE  DIPLOMAS  AND   CERTIFICATES. 

(§218.)  SECTION  1.  The  State  Board  of  Education  is 
hereby  empowered  and  shall  grant  teachers'  certificates 
without  examination  to  any  person  who  has  received  a 
bachelor's,  master's,  or  doctor's  degree  from  any  college 
in  this  State  having  a  course  of  study  actually  taught  in 
such  college,  of  not  less  than  four  years,  in  addition  to 
the  preparatory  work  necessary  for  admission  to  the  Uni- 
versity of  Michigan,  upon  the  recommendation  from  the 
faculty  of  such  college,  stating  that  in  their  judgment  the 
applicant  is  entitled  to  receive  such  certificate;  and  in 
addition  thereto,  a  course  in  the  science  and  art  of  teach- 
ing of  at  least  one  college  year  of  five  and  a  half  hours 
per  week,  which  shall  have  been  approved  by  said  board 
of  education,  whi*h  course  shall  have  been  taken  by  such 
person  who  shall  have  received  a  diploma  therefor,  and 
shall  include  a  thorough  examination  of  the  applicant  by 
the  college  granting  such  diploma,  as  to  qualification  and 
fitness  for  teaching:  Provided,  That  if  said  person 
furnishes  to  said  board  satisfactory  proof  of  having  suc- 
cessfully taught  for  three  years  in  the  schools  of  this 

certificate  for  State,  said  certificate  shall  be  a  life  certificate.  If  such 
proof  is  not  furnished  said  board,  then  such  certificate 

Life  certificate,  shall  be  for  four  years  only,  and  a  life  certificate  may  at 
any  time  thereafter  be  issued  by  said  board  upon  the 
filing  of  such  proof.  Such  certificate  shall  entitle  the 
holder  to  teach  in  any  of  the  schools  of  this  State  with- 
out examination,  provided  a  copy  of  the  same  shall  have 
been  filed  or  recorded  in  the  office  of  the  legal  examin- 
ing officer  or  officers  of  the  county,  city,  township,  or  dis- 
trict in  which  said  person  is  to  teach,  and  shall  be 
annulled  only  by  the  State  Board  of  Education,  and  by 
it  only  for  cause. 

(§219.)  SEC.  2.  It  shall  be  the  duty  of  the  said  Board 
°*  Education  to  carefully  examine  any  course  of  study  in 
the  science  and  art  of  teaching  that  may  be  submitted  to 
it  by  the  trustees  of  any  college  and,  if  satisfactory,  to 
furnish  such  trustees  with  a  written  certificate  approving 
the  same. 

(§220.)  SEC.  3.  If  at  any  time  the  said  Board  of  Educa- 
tion shall  conclude  that  any  college  the  graduates  of 
which  may  desire  to  receive  such  certificate,  is  not  giving 
such  instruction  in  the  science  and  art  of  teaching  and 
in  the  other  branches  as  shall  be  approved  by  said  board, 
then  said  board  shall  so  determine  by  a  formal  resolution, 
and  shall  give  notice  thereof  to  the  trustees  of  such  college; 
and  thereafter  no  teachers'  certificate  shall  be  given  by  said 


Board  of  Edu- 

ujonnconege!l(le 
course. 


_ 


GENERAL  SCHOOL  LAWS.  79 


board  to  the  graduate  of  such  college  until  said  board 
shall  be  satisfied  that  proper  instruction  in  the  science 
and  art  of  teaching  and  in  other  branches  is  given  by 
such  college,  and  shall  certify  such  fact  "to  the  trustees  of 
such  college. 


mai.i 


CHAPTER    XXIX. 

[  Act  No.  146,  Public  Acts  of  189f 


(§221.)     SECTION  1.    The  People  of  the  Stale  -of  Michigan  Teaching  Pre- 
enact,    That   there  shall   be   taught   in   every   year  in   every 
public   school   in   Michigan,  the   principal   modes   by   which 
each    of   the   dangerous   communicable   diseases    are    spread, 
and    the    best    methods    for  the  restriction   and   prevention 
of   each   such   disease.     The   State    Board    of    Health    shall 
annually   send    to    the    public    school    superintendents    and 
teachers   throughout  this  State,   printed  data  and  statements 
which  shall  enable  them   to   comply   with   this   act.     School  Furnished  by 
boards   are   hereby   required    to   direct   such  superintendents BoardofHealth' 
and   teachers   to   give   oral  and  blackboard  instruction,  using 
the  data   and    statements    supplied    by   the   State   Board   of 
Health. 

('£222.)  SEC.  2.  Neglect  or  refusal  on  the  part  of  any  penalty, 
superintendent  or  teacher  to  comply  with  the  provisions 
of  this  law,  shall  be  considered  a  sufficient  cause  for  dis- 
missal from  the  school  by  the  school  board.  Any  school 
board  neglecting  or  refusing  to  comply  with  any  of  the 
provisions  of  this  act,  shall  be  subject  to  fine  or  forfeiture 
the  same  as  for  neglect  of  any  other  duty  pertaining  to 
their  office.  This  act  shall  apply  to  all  schools  in  this 
State,  including  schools  in  cities  and  villages,  whether 
incorporated  under  special  charter  or  under  the  general 
laws. 

CHAPTER   XXX. 

[  Act  No.  101,  Public  Acts  of  1895.  ] 
LAMINATION   FOR   ADMISSION   TO   AGRICULTURAL  COLLEGE. 

(§223.)     SECTION  1.     The  People  of  the  Slate  of  Michigan  nomination  of 
enact,  That   it  shall   be   the  duty  of  the  State  Superintend- 
ent   of   Public   Instruction   to    secure,    at    least    twice    each 
year,    from     the    president    of    the     Michigan    Agricultural 
College,   a   set   of   examination   questions   in   all   the   studies 
required   for   admission    to   said    college.     It    shall    also    be  Questions  used, 
the    duty    of    the    State   Superintendent   of   Public   Instruc- 
tion   to    send  a   printed    list    of   said    examination    questions 
to   each    county   commissioner   of   schools. 

($224.).  SEC.  2.     It   shall    be    the    duty    of    each    county  Duty  or  a.m. 
commissioner    of    schools    to    give    public    notice    of    this ml88loner- 
examination   at   the   time   of   all   regular    teachers'    examina- 


80 


GENERAL  SCHOOL  LAWS. 


tions,  and  to  submit  the  questions  aforesaid  to  any  candi- 
date who  may  desire  to  enter  the  Agricultural  College. 
conductor  The  examination  shall  be  conducted  in  the  same  manner 
as  are  the  regular  teachers'  examinations  of  the  county. 
The  work  of  each  and  every  candidate,  together  with  the 
name  and  address,  shall  be  forwarded  by  the  commissioner 
within  five  days  from  the  date  of  the  examination,  to  the 
president  of  the  college,  who  shall  examine  and  grade  the 
answers  and  report  to  the  candidate  within  five  days  of 
the  receipt  of  the  paper,  the  result  of  the  examination. 
A  standard. of  seventy  per  cent  in  each  branch  will  admit 
to  freshman  class  of  the  college  without  further  examination. 


CHAPTER    XXXI. 

[  Act  No.  56,  Public  Acts  of  1895.  ] 
PURCHASE  OF   UNITED   STATES   FLAGS. 

size  of  flag.  (§225.)     SECTION  1.    The  People  of  the  State  of  Michigan 

enact,  That  the  board  of  education  or  the  board  of  school 
trustees  in  the  several  cities,  townships,  villages  and  school 
districts  of  this  State,  shall  purchase  a  United  States  flag 
of  a  size  not  less  than  four  feet,  two  inches  by  eight  feet, 
and  made  of  good  flag  bunting  "A,"  flag  staff,  and  the 
necessary  appliances  therefor,  and  shall  display  said  flag 
upon  or  near  the  public  school  building  during  school 
hours  and  at  such  other  times  as  to  the  said  boards  may 
seem  proper;  and  that  the  necessary  funds  to  defray  the 
expenses  to  be  incurred  herein  shall  be  assessed  and  col- 
lected in  the  same  manner  as  moneys  for  public  school 
purposes  are  assessed  and  collected  by  law. 


NOTE. 


APPORTIONMENT   OF   SURPLUS  DOG   TAX    TO    SCHOOL    DISTRICT. 

Under  the  provisions  of  act  No.  198,  public  acts  of  1877, 
as  amended  by  act  No.  283  of  the  public  acts  of  1881,  it 
is  required  that  in  all  the  townships  and  cities  of  the 
State  there  shall  annually  be  levied  and  collected  a  tax 
of  one  dollar  upon  every  male  dog  and  of  three  dollars 
upon  every  female  dog.  The  money  thus  obtained  is  to 
constitute  a  fund  in  the  several  townships  and  cities  for 
the  payment  of  damages  sustained  by  owners  of  sheep  by 
reason  of  having  such  sheep  killed  or  wounded  by  dogs. 
Section  six  of  the  law  referred  to  provides  that,  "If 
money  remains  of  such  fund  after  satisfactory  payment  of 
all  claims  aforesaid  in  any  one  year,  over  and  above  the 
sum  of  one  hundred  dollars,  it  shall  be  apportioned  among 


GENERAL  SCHOOL  LAWS. 


81 


the  several  school  districts  of  such  township  or  city  in 
proportion  to  the  number  of  children  therein  of  school 
age."  The  apportionment  must  be  based  upon  the  whole 
number  of  children  of  school  age  residing  in  the  town- 
ship, and  include  all  districts  whether  lying  wholly  or 
partly  in  such  township.  In  case  of  a  fractional  district 
in  which  the  schoolhouse  is  situated  in  a  different  town- 
ship, the  money  belonging  to  such  district  must  be  paid 
over  to  the  treasurer  of  the  township  in  which  the  school- 
house  is  situated,  and  by  that  treasurer  paid  to  the  dis- 
trict in  the  same  way  as  in  the  case  of  the  one-mill  and 
other  taxes. 

Act  141  of  the  Public  Acts  of  1891  repeals  Act  number 
214,  Public  Acts  of  1889,  providing  that,  if  in  any  city  and 
any  township  or  part  of  township  adjoining  thereto  (the 
same  being  within  one  county)  any  money  remains  in  the 
fund  for  payment  of  losses  by  killing  of  sheep  by  dogs 
"after  the  payment  of  the  orders  payable  out  of  the  same, 
and  the  amount  of  said  money  shall  exceed  the  sum  of  two 
hundred  dollars,  the  sum  in  excess  of  two  hundred  dollars 
shall  be  apportioned  by  said  county  treasurer  to  the  said 
township,  or  part  of  township,  and  said  city,  in  proportion 
to  the  amount  contributed  to  said  fund  during  the  preced- 
ing year;  and  the  amount  so  apportioned  to  any  said  town- 
ship, or  part  of  township  or  said  city,  shall  be  respectively 
apportioned  among  the  several  school  districts  of  said  town- 
ship, or  part  of  township,  and  said  city,  in  proportion  to 
the  number  of  children  therein  of  school  age."  The  dis- 
tribution of  the  surplus  will  hereafter  be  made  in  accord- 
ance with  the  provisions  of  section  6  of  Act  No.  198,  Pub- 
lic Acts  of  1877,  as  amended  by  Act  No.  283  of  the  Public 
Acte  of  1881. 
11 


APPENDIX    A. 


DIGEST  OF  DECISIONS  OF  THE  SUPREME  COURT. 


TOWNSHIP   BOARD   OF   SCHOOL   INSPECTORS. 

Tfl.  The  statutory  notice  of  meetings  by  inspectors  must  be  given,  stat- 
ing the  object  of  the  meeting;  and  no  business  at  a  meeting  inconsistent 
with  the  notice  is  lawful.  Passage  v.  School  Inspectors  of  Williams- 
town,  19  Mich.,  330. 

If 2.  The  township  board  of  school  inspectors  have  no  power  to  dissolve 
a  school  district  erected  by  special  act  of  the  legislature,  and  to  set  back 
the  territory  into  the  districts  from  which  it  was  taken.  School  District  v. 
Dean,  17  Mich.,  223. 

Tf3.  On  the  erection  and  organization  of  a  new  township,  the  inspect- 
ors of  such  township  may  sever  its  territory  from  the  school  district  within 
which  it  was  formerly  embraced;  and  there  is  no  general  provision  of  law 
which  charges  the  property  within  the  new  township  with  the  obligation 
to  pay  any  debts  created  for  school  purposes  which  existed  at  the  time  of 
the  erection  of  the  new  township.  School  District  No.  1  of  Portage  v. 
Ryan,  19  Mich.,  203. 

^[4.  Mandamus  will  not  be  granted  to  disturb  an  apportionment  made 
by  the  township  board  of  school  inspectors  between  different  districts, 
acquiesced  in  for  several  years  and  which,  if  the  court  could  change  it,  has 
no  proof  that  it  ought  to.  School  District  No.  3  of  Riverside  Township 
v.  the  Township  of  Riverside,  67  Mich.,  404. 

II. 

APPEALS   FROM   ACTION   OF  SCHOOL    INSPECTORS. 

TJ5.  Under  the  statute  providing  for  appeals  from  the  board  of  school 
inspectors  to  the  township  board,  the  approval  of  the  appeal  bond  is 
essential  to  complete  an  appeal;  and  the  fact  that  the  bond  was  presented 
to  the  clerk  of  the  board  of  inspectors,  who  refused  to  approve  it  because 
it  was  not  witnessed,  even  though  the  objection  be  a  frivolous  one  made 
in  bad  faith  and  for  vexation,  will  not  render  the  bond  sufficient  without 


DIGEST  OF   DECISIONS.  83 

i  n  approval,  since,  under  the  statute,  it  may  be  approved  also  by  any  jus- 
i  ice  of  the  township.     Clement  v.  Everest,  29  Mich.,  19. 

€  fJ.  The  validity  of  the  action  of  school  inspectors  in  changing  the 
•oundaries  of  school  districts,  is  not  affected  by  the  fact  that  the  inspectors 
rere  interested  parties  as  taxpayers  and  residents;  the  disabling  doctrine 
ias  no  application  to  those  administrative  acts  which  are  public  and  not 
rith  or  between  private  parties.  Ibid. 

*  7.     The  regularity  of  the  action  of  school  inspectors  in  creating  or 
hanging  school  districts,  will  not  be  inquired  into  in  a  collateral  proceed- 
ng;  their  action  is  the  exercise  of  a  public  discretionary  power  which  can 
>nly  be  reviewed,  if  at  all,  by  some  direct  appellate  process  authorized  by 
aw  and  operating  upon  the  proceedings  themselves  to  affirm,  reverse,  or 
;hange  them.     Ibid. 

€~8.  Parties  appealing  under  the  statute  from  the  action  of  school 
nspectors  in  arranging  school  districts,  to  the  township  board,  thereby 
^aive  those  questions  which  require  judicial  review  and  submit  themselves 
;o  the  discretion  of  that  body;  and  a  certiorari  to  the  township  board  does 
lot  open  for  review  the  doings  of  the  inspectors.  Brody  v.  Townshij) 
Board  of  Penn.,  32  Mich.,  272. 

*  9.     It  was  never  intended  that  a  court  should  exercise  any  of  these 
powers  of  discretionary  administration;  and  when,  on  such  appeal,  the 
township   board  acted  within   its  jurisdiction,   its  discretion  cannot  be 
reviewed  by  the  courts ;  and  if  it  did  not,  and  its  acts  were  void,  then  under 
the  statute  the  action  of  the  inspectors,  after  ten  days,  is  equally  intact 
and  beyond  disturbance.     Ibid. 

*  10.     Where,  however,  the  township  board  acting  without   authority, 
reverses  the  action  of  the  inspectors,  their  doings  may  be  overturned;  but 
an  order  of  the   board  affirming  the  action  of  the  inspectors,   whether 
properly  or  improperly,  only  leaves  such  action  where  it  would  have  been 
without  such  interference.     Ibid. 

Ml.  A  township  board  has  jurisdiction  of  appeals  from  decisions  of  the 
board  of  school  inspectors,  fixing  the  amount  to  be  paid  by  an  old  school 
district  to  a  new  one,  where  the  latter  comprises  part  of  the  same  territory 
and  the  former  retains  the  school  property.  School  District  No.  5  of  Pine 
Township  v.  Wilcox,  48  Mich.,  404. 

Ill, 

TOWNSHIP   BOARD. 


€  12.  An  application  to  a  township  board  to  remove  the  moderator  of  a 
school  district,  on  the  ground  that  he  persistently  refuses  to  countersign 
an  order  drawn  by  the  director  of  the  district  on  the  assessor,  involves  an 
inquiry  in  which  the  payee  named  in  the  order  is  an  interested  party. 
Stockwell  v.  Toicnship  Board  of  White  Lake,  22  Mich.,  341. 

€  13.  A  proceeding  before  the  township  board  to  remove  an  officer  of  a 
school  district,  is  in  the  nature  of  a  judicial  investigation;  and  when  one 
of  the  board  is  interested  in  the  subject  of  the  complaint  and  the  presence 
"  such  member  is  essential  to  the  quorum,  the  proceedings  are  void.  Ibid. 

€  14.     When  either  of  the  members  of  the  township  board  is  interested 

the  subject  for  consideration,  he  is  not  "competent  or  able  to  act,"  in  the 
sense  of  the  statute;  and  such  incompetency  will  justify  the  calling  in 
of  one  of  the  remaining  justices.  I  hid. 


APPENDIX  A. 

Every  special  tribunal  appointed  by  law  is  subject  to  the  maxim 
that  no  person  can  sit  in  any  cause  in  which  he  is  a  party  or  in  which  he 
is  interested.  Ibid. 

T[16.  The  removal  of  a  school  district  assessor  by  the  township  board  is 
reviewable  on  certiorari.  Merrick  v.  Totvnship  Board,  41  Mich.,  630. 

T17.  Costs  awarded  by  the  supreme  court  in  a  proceeding  by  certiorari 
against  persons  composing  a  township  board,  to  review  their  official  acts, 
are  to  be  collected  like  township  charges  and  not  by  execution  against 
the  officers  personally.  Stockwell  v.  Township  Board  of  White  Lake. 
22  Mich.,  341. 

1[18.  Proceedings  by  a  township  board  to  remove  a  school  director  are 
not  invalidated  by  the  fact  that  it  did  not  meet  to  agree  on  the  notice 
under  which  the  proceedings  were  taken.  Wenzell  v.  Township  Board  of 
Dorr,  49  Mich.,  25. 

^19.  The  primary  school  law  does  not  authorize  the  township  board 
to  remove  the  moderator  for  hiring  her  husband  to  teach  the  district 
school  and  agreeing  to  pay  him  more  than  is  necessary  to  secure  a  better 
teacher.  Hazen  v.  Town  Board  of  Akron,  48  Mich.,  188. 

^20.  In  providing  that  the  school  director  shall  keep  the  necessary 
schoolhouse  furniture  in  due  order  and  condition,  and  that  his  expenses 
shall  be  subsequently  audited  and  paid,  it  is  not  intended  that  money 
must  be  put  into  his  hands  beforehand.  Township  Board  of  Hamtramck 
v.  Holihan,  46  Mich.,  127. 

If21.  The  township  board  is  exclusive  judge  of  the  facts  on  which  it 
is  authorized  to  remove  a  school  director,  and  its  proceedings  can  only 
be  reviewed  by  the  circuit  and  supreme  courts  on  questions  of  law.  Ibid. 

T"22.  Proceedings  by  a  township  board  to  remove  a  school  director  can- 
not properly  be  taken  until  the  action  of  the  proper  authorities  has 
been  invoked  by  complaint  of  some  definite  violation  of  duty ;-  but  where 
the  plaintiff  admits  the  charges  set  up  against  him  and  expressly  desires 
the  board  to  act  on  them  without  further  delay,  he  cannot  afterwards 
complain  that  they  did  so.  Geddes  v.  Township  of  Thomastown,  46 
Mich.,  316. 

1J23.  The  action  of  a  township  board  in  removing  a  school  director  is 
final,  unless  speedily  brought  up  for  review.  Ibid. 

^24.  The  wilful  refusal  of  a  school  director  to  sign  a  contract  made 
with  a  teacher,  or  to  accept  and  file  it,  or  draw  orders  for  the  teacher's 
pay  while  it  is  pending,  and  his  obstinate  neglect  to  furnish  necessary 
schoolhouse  supplies,  may  be  taken  into  account  in  proceedings  for  his 
removal.  Ibid. 


IV. 

ORGANIZATION   OF   SCHOOL   DISTRICTS. 


T25.  There  should  be  some  special  and  extraordinary  reason  to  justify 
interference  by  quo  warranto  with  the  organization  of  a  school  district, 
as  the  statutes  provide  a  speedier  remedy  by  an  appeal  from  the  inspec- 
tors to  the  township  board.  Lord  v.  Every,  338  Mich.,  405. 

T[26.  When  a  school  district  has  enjoyed  its  franchises  for  five  years, 
during  most  of  which  time  proceedings  to  enquire  into  the  validity  of 
the  organization  had  been  pending  by  quo  warranto  and  writ  of  error, 


DIGEST  OF  DECISIONS.  85 


II 

[ 


i  istead  of  the  speedier  statutory  process  of  appeal,  the    supreme   court 
(  eclined  to  review  its  organization  on  technicalities.     Ibid. 

€  '11.  The  legal  organization  of  a  school  district  actually  exercising  its 
i  orporate  powers,  cannot  be  collaterally  questioned  in  contesting  a  title 
i-ased  on  a  school  tax  Stockle  et  al.  r.  Silsbee,  41  Mich.,  615. 

€  '28.  A  ceriiorari  to  review  proceedings  whereby  a  new  school  district 
.as  been  created  out  of  old  districts,  must  be  applied  for  before  the 
.istrict  has  been  organized  and  assumed  the  functions  of  a  corporation; 
iter  that  time  the  proper  course  is  to  take  measures  to  try  the  legality 
>f  its  corporate  existence  by  quo  warranto,  or  other  direct  proceeding 
.gainst  the  alleged  corporation  or  its  officers.  Fractional  School  District 
Vo.  1  of  Owosso,  etc.,  v.  School  Inspectors  of  Owosso,  etc.,  27  Mich.,  3. 

•  29.     Certiorari  addressed  to  the  assessor  of  a  school  district  is  wholly 
insuited  as   a  remedy   to  test  the  legal   organization   and   existence  of 
;he   district,  as   the  errors,  if  any   there   are,  lie  back  of  any  action  of 
;he    assessor   and    are    to    be   found    in    the    action    of    the    township 
luthorities.     Jaquith  v.  Hale,  31  Mich.,  430. 

•  30.     It  has  always  been  the  policy  of  the  Michigan  school  laws  that 
no  primary  school  district  should  contain   more  than   nine   sections  of 
land.     Simpkins  et  al.  v.  School  District  No.  1  of  Michigamme  et  al, 
45  Mich.,  559. 

•  31.     Township  school  inspectors  cannot  enlarge  a  graded  school  dis- 
trict by  adding  unorganized  territory,  though  they  may,  with  the  consent 
of  the  trustees,  transfer  to  its  jurisdiction  territory  previously  organized 
into  .primary  districts.     Ibid. 

*32.  Injunction  lies  to  restrain  the  sale  for  school  taxes,  of  lands 
unlawfully  included  within  the  taxing  district.  Ibid. 

*~33.  A  writ  of  ceriiorari  to  bring  up  proceedings  for  the  formation 
of  a  school  district  will  not  be  sustained,  if,  after  its  issue  and  without 
good  reason,  it  has  been  allowed  to  sleep  until  the  organization  has 
been  completed,  a  tax  voted,  and  contract  made  for  building  a  school- 
house,  and  interests  established  which  cannot  be  overturned  without 
public  inconvenience  and  injury  and  individual  damage.  Parman  v. 
Board  of  School  Inspectors,  49  Mich.,  63. 

"34.  Where  ccrtiorari  issues  to  bring  up  proceedings  for  the  forma- 
tion of  a  school  district,  the  papers  on  which  it  was  allowed  must  be 
served  with  it.  I  hid. 

•35.  Where  there  has  been  actual  notice  of  proposed  proceedings  by 
joint  boards  for  the  formation  of  a  new  school  district  out  of  several 
old  ones,  mere  informalities  in  the  issue  of  such  notice  are  not  juris- 
dictional  defects,  nor  is  the  fact  that  it  covers  territory  not  actually 
taken.  I  hid. 

€  36.  The  statutory  requirement  for  notice  of  the  meeting  of  a  town- 
ship board  of  school  inspectors  to  alter  the  boundaries  of  a  school 
district,  is  jurisdictional;  and  proof  of  posting  of  such  notice  should  be 
filed  with  the  clerk  of  the  board,  before  any  action  is  taken.  Coulter 
et  al.  v.  Board  of  School  Inspectors  of  Grant  and  Arthur  Toicnships, 
59  Mich.,  391. 

Tf37.     In  the  absence  of  the  consent  of  the  owners  of  lands  which  have 

en  taxed  for  building  a  schoolhouse,  within  three  years  last  preceding 
the  date  of  their  proposed  transfer  to  another  district,  such  transfer  is 
illegal;  and  the  fact  that  the  detached  territory  was  not  at  the  same 
time  attached  to  another  district  will  not  legalize  such  transfer.  Ibid. 


APPENDIX  A. 


JBS.  The  statutory  requirement  for  notice  of  the  meeting  of  a  town- 
ship board  of  school  inspectors  to  alter  the  boundaries  of  a  district,  is 
jurisdictional;and  until  such  notice  has  been  given  and  proof  of  posting 
made,  as  required  by  law,  the  inspectors  have  no  power  to  act.  Frac- 
tional School  District  No.  3  of  Martin,  Watson,  and  Wayland  Town- 
ships v.  Boards  of  School  Inspectors  of  said  Townships,  63  Mich.,  611. 

Tl39.  Where  a  de  facto  school  district  has  exercised  its  franchises  and 
privileges  for  over  two  years,  it  is  presumed  to  have  been  legally  organ- 
ized, and  it  is  too  late  to  litigate  that  question  in  law  or  equity.  School 
District  No.  3  of  Everett  Township  v.  School  District  No.  1  of  Wilcox 
Township,  63  Mich.,  51. 

^[40.  The  statutory  provision  requiring  the  town  clerk  to  give  notice 
of  every  meeting  of  the  board  of  school  inspectors  of  his  township 
existing  prior  to  the  1881  amendment,  was  imperative,  and  the  appor- 
tionment by  the  inspectors  of  the  valuation  of  school  property  on  the 
formation  of  a  new  district,  at  a  meeting  held  without  such  notice,  was 
void/  and  a  bill  in  equity  will  lie  in  the  name  of  the  old  district  to 
enjoin  the  assessment  and  collection  of  a  tax  to  satisfy  the  amount  so 
apportioned  as  its  share  of  such  valuation.  Ibid. 

^ 41.  A  township  board  of  school  inspectors  may,  under  one  notice  and 
at  one  meeting,  by  separate  action,  detach  lands  from  separate  school 
districts  and  attach  them  to  one  district.  Doxey  v.  The  Township  Board 
of  School  Inspectors  of  Martin  Township,  67  Mich.,  601. 

If42,  Where  the  action  of  a  board  of  school  inspectors  in  detaching 
territory  from  a  district  without  the  consent  of  a  majority  of  the  resident 
taxpayers  and  attaching  it  to  another  district,  left  land  enough  in  the 
former  for  school  purposes,  they  may  afterwards  consolidate  such  remain- 
ing territory,  with  the  consent  of  its  remaining  taxpayers,  with  any  other 
district  which  gives  a  like  consent.  Ibid. 

^[43.  At  a  school  meeting  to  vote  on  the  question  of  dissolving  the  dis- 
trict, 18  votes  were  cast  in  favor  of  the  proposition  and  9  against  it. 
Every  person  present  who  possessed  the  qualifications  of  a  voter  at  any 
school  meeting  was  allowed  to  vote,  without  reference  to  sex,  or  whether 
or  not  he  or  she  was  a  resident  taxpayer.  Ten  or  more  persons  who  were 
not  resident  taxpayers  voted,  and  some  of  the  legal  taxpayers  did  not 
vote,  and  some  were  not  present.  Held,  that  the  consent  of  a  majority  of 
the  resident  taxpayers  had  not  been  obtained  as  required  by  Howell's 
Statutes,  §5041.  Briggs  v.  Borden  et  al.  School  Inspectors,  38  N.  W. 
Kep.,  712. 

Tf44.  A  bill  will  lie,  at  the  suit  of  a  resident  taxpayer,  to  restrain  the 
board  of  school  inspectors  from  selling  a  schoolhouse  and  site,  furniture, 
etc.,  under  color  of  a  void  attempt  to  dissolve  the  district  to  which  such 
schoolhouse,  etc.,  belongs.  Ibid. 

If 45.  Under  Howell's  Statutes  §5041  providing  that  school  districts 
cannot  be  divided  or  consolidated  without  the  consent  of  a  majority  of  the 
resident  taxpayers  of  each  district,  a  return  by  the  board  of  school 
inspectors  stating  that  the  persons  consenting  are  a  majority  of  the 
resident  taxpayers  of  the  districts,  is  conclusive  as  to  such  fact,  though 
the  consent  filed  by  the  districts  does  not  state  that  the  persons  are  a 
majority.  Gentle  v.  Board  of  School  Inspectors  of  Coif  ax  Township. 
40,  N.  W.  Kep,  928. 

T[46.  Proceedings  for  organizing  a  new  school  district,  taken  without 
giving  the  full  ten  days'  notice  required  by  Howell's  Statutes  §5040,  are 


DIGEST  OF  DECISIONS.  87 

not  rendered  valid  by  filing  of  a  consent  by  a  majority  of  the  citizens 
of  each  district  affected,  such  consent  being  required  by  §5041,  as  the 
notice  is  a  jurisdictional  requirement  and  the  minority  have  a  right  to  be 
heard  and  a  right  to  the  full  notice  required.  Ibid. 

•  47.     Quo  warranto  is  the  proper  remedy  to  determine  the  legal  exist- 
ence of  a  school  district,  and  the  right  of  particular  persons  to  exercise  the 
offices  of  moderator,  assessor,  and  director.     People  ex  rel.,  Roser  et  al.,  v. 
Gartland  Moderator  et  al,  42  N.  W.  Rep.,  687. 

- ,48.  Under  Howell's  Statutes  §5033  providing  that  no  school  district 
shall  contain  more  than  nine  sections  of  land,  a  district  containing  five 
full  sections  and  eight  fractional  sections,  the  whole  not  exceeding  in 
quantity  of  land  nine  full  sections,  is  legal.  Ibid 

•  49.     The  statutory  provision  concerning  the  election  of  school  district 
officers  by  ballot  is  mandatory;  but  where  such  officers  have  been  unani- 
mously elected  by  vice  voce  vote  at  a  regular  meeting,  no  other  persons 
claim  to  have  been  elected,  and  they  are  qualified  and  are  acting,  they 
will  not  be  ousted  by  quo  warranto.    Ibid. 

V. 

DISTRICT   MONEYS,   WARRANTS,   AND   ORDERS. 

*  50.     An  action  for  money  had  and  received  will  lie  in  favor  of  a  school 
district  to  recover  district  moneys  received  by  its  assessor,  and  which  after 
expiration  of  his  term  of  office  he  refuses  on  demand  to  pay  over  to  his 
successor,  and  an  action  upon  the  assessor's  bond  is  not  the  exclusive 
remedy;  the  bond  is  required  as  additional  security,  but  it  does  not  super- 
sede the  officer's  individual  responsibility.     Mason  v.  Fractional  School 
District  No.  1  of  Scio  and  Webster,  34  Mich.,  228. 

*")!.  An  assessor  cannot  lawfully  withhold  the  district  funds  in  his 
hands,  when  the  same  are  properly  demanded  by  his  successor  a  fortnight 
after  the  latter  has  been  regularly  elected  and  has  accepted  and  qualified, 
upon  any  claim  that  he  is  entitled  to  be  first  personally  notified  officially 
of  such  election  and  acceptance;  he  is  chargeable  with  notice  of  these  facts 
without  any  personal  certification  thereof.  Ibid. 

*  ;V2.     An  official  treasurer  cannot  defend  an  action  to  make  him  turn 
over  to  his  successor  the  funds  in  his  official  custody,  upon  any  questions 
of  the  regularity  of   the  proceedings   whereby   the  funds  came  into  his 
possession.     Ibid. 

C53.  The  assessor  of  a  school  district  is  the  lawful  treasurer  and 
depository  of  school  district  funds,  and  all  moneys  must  pass  through  his 
hands  and  be  paid  out  by  him  on  proper  orders.  School  District  No.  9  of 
Midland  v.  School  District  No.  5  of  Midland,  40  Mich.,  551. 

*  ")4.     A  showing  of  a  want  of  funds  is  a  complete  answer  to  an  applica- 
tion for  mandamus  to  require  an  assessor  of  a  school  district  to  pay  an 
order   drawn  on  him  in  favor  of  a  school  teacher.     Allen  v.  Frink,  32 
Mich.,  96. 

•  -~>5.     It  is  not  necessarily  the  duty  of  the  moderator  of  a  school  district 
to  countersign  an  order  upon  the  assessor  drawn  by  the  director.     He  has  a 
right  to  satisfy  himself  that  the  claim  for  which  it  was  drawn  is  a  valid  one, 
and  that  it  was  drawn  by  the  director  in  the  proper  performance  of  his 
duty.    Stockwell  v.  Township  Board  of  White  Lake,  22  Mich.,  341. 


88  APPENDIX  A. 


Tf56.  The  disbursement  of  all  school  moneys  is  required  by  the  statute 
to  be  made  by  orders  drawn  on  the  assessor  by  the  director  and  counter- 
signed by  the  moderator;  and  all  moneys  belonging  to  the  district  in  the 
town  treasurer's  hands  are  required  to  be  paid  to  the  assessor  on  warrants 
drawn  by  the  director  and  countersigned  by  the  moderator.  The  assessor 
is  made  treasurer  of  the  district,  and  required  to  hold  all  district  moneys 
until  properly  drawn  out  by  warrant.  It  is  made  the  express  duty  of  the 
director  to  draw  and  sign  warrants  upon  the  township  treasurer,  payable 
to  the  assessor,  for  all  moneys  raised  for  district  purposes  or  apportioned 
to  the  district  by  the  township  clerk,  and  present  them  to  the  moderator  to 
be  signed;  and  it  is  made  the  duty  of  the  moderator  to  countersign  such 
warrants.  Burns  v.  Bender,  36  Mich.,  195. 

^[57.  District  moneys  in  the  hands  of  the  township  treasurer  are  not 
subject  to  be  applied  to  any  district  purpose,  except  through  the  hands  of 
the  assessor.  And  the  duty  of  suing  to  thus  transfer  them  into  the  cus- 
tody of  the  assessor,  if  qualified,  is  laid  on  the  director;  and  the  duty  of 

Erocuring  this  transfer  within  some  reasonable  time  is  not  discretionary, 
ut   absolute.       The  moderator  is   bound  under  ordinary  circumstances 
to   countersign   all  orders  of   the  director  for    that  purpose;    and  if   he 
refuses  in  a  proper  case  to  do  so,  mandamus  will  lie  to  compel  him.    Ibid. 
The  statute   making  it  the  duty  of  the  director  to   present  the 


warrant  to  the  moderator  for  signature,  he  may  properly  be  a  relator  to 
obtain  it  by  compulsion  of  law,  when  refused.  He  is  the  proper  custo- 
dian of  the  completed  warrant,  for  the  purpose  of  delivery  to  the 
assessor.  Ibid. 

Tf59.  The  query  is  suggested,  whether  the  assessor  would  not  also  be  a 
competent  relator.  Ibid. 

*[[60.  The  town  treasurer  has  no  authority  to  make  payments  of  dis- 
trict moneys,  even  to  the  assessor,  except  upon  the  warrant  prescribed  by 
statute;  and  no  payment  not  authorized  by  warrant  is  a  valid  official  pay- 
ment, such  as  to  preclude  the  district  from  holding  him  responsible  for 
moneys  lawfully  in  his  hands.  Payments  made  otherwise  than  in  the 
prescribed  mode,  are  made  in  his  own  wrong  and  cannot  diminish  the  fund 
for  which  he  is  responsible.  Ibid. 

1J61.  Kespondent  occupying  the  double  position  of  moderator  and 
town  treasurer,  is  not  thereby  authorized  to  set  up  his  previous  illegal  dis- 
bursements of  the  district  moneys  as  treasurer  as  an  excuse  for  not  doing 
his  duty  as  moderator;  his  double  functions  will  not  relieve  him  in  one 
capacity  from  doing  his  duty  in  another.  Ibid. 

^[62.  Warrants  drawn  by  the  officers  of  school  districts  upon  the  town- 
ship treasurer  for  school  moneys  are  not  negotiable,  and  the  treasurer  is 
under  no  obligation  to  pay  them  except  to  the  district  assessor.  Fox  v. 
Shipman,  19  Mich.,  218. 

Tf63.  An  order  drawn  upon  the  township  treasurer  by  the  director  and 
countersigned  by  the  moderator  of  a  school  district,  payable  to  A,  or  bearer, 
is  void  upon  its  face.  The  director  has  no  power  to  draw  any  order  on  the 
township  treasurer  for  any  money  of  the  district  in  his  hands,  payable  to 
any  one  but  the  district  assessor,  who  is  the  disbursing  officer  of  the 
district.  Fractional  School  District  No.  4  of  Macomb  and  Chesterfield 
v.  Mallary,  23  Mich.,  111. 

If  64:  The  statute  expressly  requiring  the  township  treasurer  to  pay  the 
amount  of  taxes  raised  for  school  purposes  to  the  order  of  the  school  dis- 
trict officers,  his  liability  therefor  is  distinct  from  his  ordinary  liability  for 


DIGEST  OF  DECISIONS.  89 

_ — __ 

township  moneys,  and  cannot  be  released  or  in  any  way  affected  by  the 
action  of  the  township  board.     Jones  v.  Wright,  34  Mich.,  371. 

•  t)5.     A  township  treasurer  has  no  right  to  receive  for  school  moneys 
anything  which  the  law  has  not  authorized  to  be  so  received,  and  if  he 
chooses  to  do  so  and  to  receipt  for  the  taxes,  he  must   make  good   the 
amount.     Ibid. 

€  f>6.  A  town  treasurer  can  pay  school  moneys  only  to  the  school  dis- 
trict assessor,  and  then  only  on  the  warrant  of  the  proper  district  officers. 
School  District  No.  9  of  Midland  v.  School  District  No.  5  of  Midland, 
40  Mich.,  551. 

€  i)7.  A  school  district  at  an  annual  meeting  may  lawfully  recognize 
and  pay  equitable  claims,  even  though  they  are  not  strictly  legal  demands, 
against  it.  Stockdale  v.  School  District  No.  2  of  Wayland  et  al,  47 
Mich.,  226. 

Tf68.  A  vote  to  issue  school  district  bonds  in  settlement  of  a  demand,  if 
in  excess  of  the  limit  fixed  by  law,  may  be  sustained  up  to  the  legal  limit. 
Ibid. 

€  f>9.  A  corporate  act  which  can  only  be  taken  by  a  two-thirds  vote, 
cannot  be  rescinded  by  a  bare  majority.  Ibid. 

-  70.     School  orders,  payable  to  bearer,  when  sold  without  indorsement 
at  a  discount,  and  it  not  appearing  that  the  vendor  was  asked  or  made  any 
representations  as  to  their  character  or  consideration,  it  was  held  that  in 
the  absence  of  false  representations  or  of  fraud,  the  purchasers  took  them 
for  what  they  were  worth  and  had  no  cause  of  action  against  the  vendor. 
White  et  al.  v.  Robinson,  50  Mich.,  73. 

*  71.     A  mandamus  will  lie  to  compel  a  township  treasurer  to  pay  to  the 
assessor  of  a  school  district  so  much  of  the  money  in  his  hands  as  is  cov- 
ered by  the  warrant  of  the  director  of  the  district,  drawn  in  favor  of  the 
assessor  and  in  proper  form,  even  though  it  does  not  specify  a  precise  sum, 
but  is  for  all  such  money  in  his  hands  as  was  raised  for  the  purposes  of  the 
school  district  and  belonged  thereto.     Bryant  v.  Moore,  50  Mich.,  225. 

€  72.  The  custodian  of  public  funds  is  bound  to  make  payments  on  a 
proper  warrant  to  the  extent  of  the  moneys  lawfully  in  his  hands  and  can- 
not refuse  on  the  ground  that  his  right  to  the  custody  of  the  remainder  is 
disputed.  lhi<l. 

€  73.  Mandamus  to  compel  the  payment  of  money  may  be  granted  so 
far  as  concerns  a  portion  of  the  demand,  while  as  to  the  rest  the  appli- 
cation is  dismissed.  Ibid. 

€  74.  When  the  moderator  and  assessor  of  a  school  district  are  sued 
upon  an  order  signed  by  them,  a  finding  that  it  was  signed  on  a  false  and 
fraudulent  statement  that  the  school  director  approved  and  would  sign  it, 
and  on  condition  that  it  should  be  of  no  force  unless  he  did  sign  it,  and 
the  farther  finding  that  there  was  no  purpose  to  contract  except  for  the 
district,  defeats  an  action  thereon  in  the  absence  of  any  showing  of  subse- 
quent action  creating  contract  relations,  or  of  any  action,  by  defendants 
taken  with  a  knowledge  of  the  facts  and  estopping  them  personally.  Kane 
v.  Stowe,  50  Mich.,  317. 

€  75.  Mandamus  to  compel  a  school  district  assessor  to  pay  a  school 
order  was  allowed  where  the  court  was  satisfied  there  was  no  valid  defense. 
Martin  r  Trip}),  51  Mich.,  184. 

^[76.     Interest  from  the  time  of  demand  may  be  allowed  in  granting 
mandamus  for  the  payment  of  a  school  order,  when  it  is  such  a  settled 
demand  as  would  sustain  a  recovery  of  interest  at  law.     Ibid. 
12 


90  APPENDIX  A. 


Mandamus  will  lie  on  relation  of  a  school  district  assessor  to 
compel  the  clerk  of  a  township  to  which  the  district  formerly  belonged,  to 
certify  to  the  supervisor  of  the  township  to  which  it  now  belongs,  the 
amount  ascertained  by  the  school  inspectors  as  due  to  the  new  district 
from  what  remained  of  the  old  district  out  of  which  it  was  erected. 
Ramsey  v.  Clerk  of  Everett  Township,  52  Mich.,  344. 

^[78.  A  town  treasurer  refusing  to  pay  a  warrant  drawn  in  favor  of  the 
assessor,  whose  official  character  is  not  questioned,  on  the  ground  that  the 
moderator,  who  has  been  recognized  as  such  by  the  other  district  officers, 
is  not  a  legal  officer,  assumes  a  serious  responsibility.  The  court  issued  a 
mandamus  requiring  the  town  treasurer  to  pay  the  order.  School  District 
No.  8  of  Tallmadge  Township  v.  Root,  Town  Treasurer,  61  Mich.,  373. 

VI. 

TEACHERS'  CONTRACTS  AND  CERTIFICATES. 

^[79.  When  a  contract  for  hiring  a  teacher  has  been  signed  by  the 
director  of  the  school  district  and  by  the  teacher,  and  the  moderator  writes 
upon  it  "  approved,"  and  subscribes  it  as  moderator,  such  approval  and 
signature  will  be  treated  as  in  legal  effect  a  signature  of  the  contract  by 
such  moderator.  Everett  v.  Fractional  School  .District  No.  2  of  Cannon, 
30  Mich.,  249. 

•[[80.  The  provision  of  the  statute  that  the  contract  for  hiring  a  school 
teacher  shall  require  the  teacher  to  keep  a  correct  list  of  the  pupils  and 
the  age  of  each  attending  the  school,  etc.,  imposes  the  duty  upon  the 
teacher  of  keeping  such  list;  and  this  becomes  in  legal  effect  a  part  of  his 
contract,  whether  the  written  contract  expressly  stipulates  for  it  or  not.  Ibid. 

^[81.  The  provision  of  the  statute  requiring  the  keeping  of  a  list  of 
pupils,  etc.,  to  be  inserted  in  the  contract  is  merely  directory  and  does  not 
render  invalid  a  contract  from  which  such  requirement  has  been  omitted, 
provided  it  be  good  in  other  respects  and  entered  into  in  good  faith.  Ibid. 

•[[82.  A  school  district  is  a  municipal  corporation  and  cannot  be  gar- 
nisheed,  even  by  its  own  consent,  unless  the  debtor  also  consents.  School 
District  No  4  of  Marathon  v.  Gage,  39  Mich.,  484. 

T[83.  It  is  against  public  policy  to  allow  the  wages  of  persons  in  public 
employments  to  be  reached  by  garnishment.  Ibid. 

^|84.  School  management  should  always  conform  to  those  decent 
usages  which  recognize  the  propriety  of  omitting  to  hold  public  exercises 
on  recognized  holidays;  and  it  is  not  lawful  to  impose  forfeitures  or  deduc- 
tions for  such  proper  suspension  of  labor.  All  contracts  for  teaching 
during  periods  mentioned  must  be  construed  of  necessity  as  subject  to 
such  days  of  vacation,  and  there  can  be  no  penalty  laid  upon  such  obser- 
vances, in  the  way  of  forfeitures  or  deductions  of  wages.  School  District 
No.  4  of  Marathon  v.  Gage,  39  Mich.,  484.  [NOTE. — The  legal  holidays 
established  by  statute  are  New  Year's  day  (January  1),  Washington's 
birthday  (February  22),  Decoration  day  (May  30),  Independence  day 
(July  4),  Christmas  day  (December  25),  and  any  day  appointed  by  the 
president  or  governor  as  a  day  of  fasting  and  prayer  or  of  general  thanks- 
giving. Whenever  a  legal  holiday  falls  on  Sunday,  the  Monday  next  suc- 
ceeding is  to  be  observed  instead.  Act  No.  124,  Laws  of  1865,  as  amended 
by  Act  No.  163,  Laws  of  1875,  and  by  Act  No.  208,  Laws  of  1881.~] 


DIGEST  OF  DECISIONS.  91 

If  85.  If  a  teacher  is  employed  for  a  definite  time,  and,  during  the 
period  of  his  employment,  the  district  officers  close  the  schools  on  account 
of  the  prevalence  of  contagious  diseases,  and  keep  them  closed  for  a  time, 
and  the  teacher  continues  ready  to  perform  his  contract,  he  is  entitled  to 
full  wages  during  such  period.  The  act  of  God  is  not  an  excuse  for  non- 
performance  of  a  contract,  unless  it  renders  performance  impossible;  if  it 
merely  makes  it  difficult  and  inexpedient,  it  is  not  sufficient.  Although 
under  such  circumstances  it  is  eminently  prudent  to  dismiss  school,  yet 
this  affords  no  reason  why  the  misfortune  of  the  district  should  be 
visited  upon  the  teacher.  Dewey  v.  Union  School  District  of  Alpena,  43 
Mich.,  480. 

^f  86.  The  statute  empowers  the  board  of  trustees  of  a  graded  school 
district  to  employ  all  teachers  necessary,  and  what  teachers  are  necessary 
is  left  to  be  decided  by  the  sound  discretion  of  the  trustees.  The  making 
of  a  contract  with  a  teacher  is  within  the  authority  of  a  board  of  trustees, 
and,  when  made,  neither  the  trustees  nor  the  voters  at  an  annual  meeting 
have  power  to  impair  its  obligation.  Tappan  v.  School  District  No  1  of 
Carrollton,  44  Mich.,  500. 

If  87.  In  a  suit  by  a  teacher  on  a  contract,  the  plaintiff  is  not  bound  to 
produce  the  contract  as  proof  of  her  certificate  of  qualification,  and  it  is 
not  error  to  allow  her  to  give  parol  proof  that  she  has  one.  School  Dis- 
trict No.  1  of  Manistee  Township  v.  Cook,  47  Mich.,  112. 

^f  88.  In  an  action  by  a  teacher  on  a  contract,  where  it  was  alleged  as 
error  that  the  contract  was  allowed  in  evidence  without  proof  that  those 
who  acted  for  the  school  district  in  making  it  were  not  authorized,  it  was 
held  that  this  allegation  did  not  sufficiently  present  the  objection  that  the 
officers  of  the  district  were  not  competent  to  bind  it  by  a  contract  extend- 
ing beyond  the  current  year,  especially  as  there  was  evidence  that  the 
officers  were  in  possession  and  presumptively  competent,  and  there  was  no 
evidence  that  they  were  not  authorized  to  employ  teachers.  Ibid. 

If  89.  A  school  teacher  cannot  be  lawfully  employed,  excepting  at  a 
meeting  of  the  board.  Hamn  v.  Lerche,  47  Mich.,  626. 

If  90.  A  contract  with  a  teacher,  if  signed  by  a  majority  of  the  board,  is 
presumptively  valid  on  its  face  and  admissable  in  evidence  without  further 
proof.  The  payment  by  the  assessor  without  objection,  of  orders  drawn 
on  him  by  the  director  and  moderator  for  salary  of  teacher,  estops  the  dis- 
trict from  denying  validity  of  contract  under  which  such  services  were 
rendered,  and  amounts  to  a  ratification  of  the  contract;  and  direct  proceed- 
ings by  the  district  board  are  not  essential  to  such  ratification.  Crane  v. 
School  District  No.  6  of  Benninyion  Township,  61  Mich.,  299. 

If  91.  A  teacher's  contract  is  sufficiently  executed,  if  signed  by  the 
director  and  assessor.  Simultaneous  signing  is  not  necessary.  Halloway 
v.  School  District  No.  9  of  Ogden  Township,  62  Mich.,  153. 

If  92.  School  district  officers  should  know  under  what  authority  a 
teacher  assumes  to  act,  and  cannot  by  failing  to  hold  meetings,  set  up 
their  own  wrong  as  a  defense  to  an  honest  claim.  A  contract  signed  by 
the  required  number  of  officers,  under  which  the  teacher  is  permitted  to 
teach,  with  knowledge  of  the  entire  board,  will  be  presumed  valid.  A  con- 
tract valid  on  its  face  and  fully  performed,  with  acquiescence  of  all  con- 
cerned, cannot  be  repudiated.  Ibid. 

If  93.  Although  Howell's  Statutes,  §4969,  declares  that  a  certificate  from 
the  State  Normal  School  shall  serve  as  a  certificate  of  legal  qualification 
to  teach  when  filed  in  the  county,  city,  township,  or  district;  failure  to  file 


92  APPENDIX  A. 


it  until  after  making  a  contract  to  teach  is  no  defense  to  an  action  for 
salary  earned  after  it  was  filed.  Smith  v.  School  District  No.  2  of  Pleasant 
Plains,  39  N.  W.  Eep.,  567. 

If  94.  The  general  policy  of  the  school  law  is  that  schools  shall  be  taught 
by  qualified  teachers,  but  necessities  may  arise  where  this  cannot  be  done. 
A  district  may  be  unable  to  find  a  qualified  teacher.  Where  the  employ- 
ment of  an  unqualified  teacher  is  a  necessity,  the  school  district  is  author- 
ized to  employ  one  who  has  not  the  proper  certificate,  if  the  school  board 
are  satisfied  that  the  teacher  is  otherwise  qualified,  and  to  pay  such  teacher 
out  of  the  moneys  belonging  to  the  district.  But  the  primary  school 
moneys  and  mill  tax  cannot  be  applied  to  that  purpose.  State  ex  rel.  Hale 
v.  Eisley,  Moderator,  37  N.  W.  Kep.,  570. 

Tf  95.  Under  Howell's  Statutes,  §5154,  which  provides  that  the  secretary 
of  the  board  of  school  examiners  shall  have  power  to  grant  special  certifi- 
cates of  qualification  to  teachers  which  shall  not  continue  in  force  beyond 
the  next  public  examination  by  the  board,  the  secretary  has  no  power  four 
days  after  such  examination,  to  grant  a  special  certificate  to  a  person  who 
had  been  teaching  under  a  special  certificate  granted  by  the  secretary,  but 
who  failed  to  pass  the  public  examination.  Lee  v.  School  District  No.  2 
of  Alcona  Township,  38  N.  W.  Kep.,  867. 

If  96.  The  fact  that  a  third  person,  at  a  public  examination  of  teachers, 
acted  with  a  majority  of  the  board  of  examiners  in  conducting  the  exam- 
ination, does  not  invalidate  the  proceedings;  and  a  person  who  failed  to 
pass  cannot  complain  where  it  does  not  appear  that  such  third  person  had 
anything  to  do  with  her  failure  to  get  a  certificate.  Ibid. 

VII. 

LIABILITIES  OF  DISTRICTS. 

^f  97.  The  director  of  a  school  district  is  not  legally  entitled  to  compen- 
sation from  the  district  for  his  services.  Hirfinan  v.  School  District  No.  1, 
4  Mich.,  168.  [NOTE. — The  law  is  since  changed  so  as  to  authorize  com- 
pensation to  be  voted  by  the  district.  General  School  Laws  of  1889,  §27.] 

If  98.  Where  two  districts  are  united  under  the  statute,  the  new  district 
is  alone  liable  for  all  the  former  debts  of  each;  and  a  judgment  afterwards 
rendered  against  one  of  the  former  districts  is  a  nullity.  Brewer  v. 
Palmer,  13  Mich.,  104. 

Tf  99.  Charts  or  cards  containing  the  multiplication  table,  practical 
forms  of  business  contract,  and  also  brief  mention  of  prominent  historical 
events,  and  designed  for  use  in  school  rooms,  are  held  not  to  be  necessary 
appendages  for  the  schoolhouse,  within  the  meaning  of  the  statute,  such 
as  the  director  is  required  to  provide.  Gibson  v.  School  District  No.  5  of 
Vevay,  36  Mich.,  404. 

If  100.  There  was  no  such  necessity  for  the  purchase  of  these  charts  as 
would  bring  the  case  within  the  principles  of  School  District  v.  Snell  (see 
tl03),  24  Mich.,  350.  Ibid. 

^f  101.  The  purchase  of  these  charts  by  the  director,  without  instruction 
from  the  district  board,  being  unauthorized  and  void  as  to  the  district,  his 
retention  of  them,  and  occasionally  placing  them  in  the  schoolhouse, 
could  not  operate  as  a  ratification  by  the  district  of  his  unauthorized  pur- 
chase. Ibid. 


DIGEST  OP  DECISIONS.  93 


|  102.  Orders  due  from  one  district  to  another  are  not  enforceable  by 
ndamus  at  the  suit  of  one  to  whom  they  have  been  assigned.  Maltz  v. 
Board  of  Education,  41  Mich.,  547. 

•  103.  Where  the  officers  of  a  school  district  purchased  for  the  district 
a  set  of  bound  books  and  some  blanks,  suitable  for  the  purposes  of  the  dis- 
trict, at  their  fair  value,  and  while  the  district  was  not  properly  supplied 
with  such  material,  in  the  absence  of  any  showing  that  the  discretion  of 
such  officers  was  abused  or  exceeded,  the  district  is  liable.  School  Dis- 
trict No.  4  ofEaston  v.  Snell,  24  Mich.,  550. 

If  104.  One  school  district  that  has  wrongfully  received  money  belong- 
ing to  another  cannot  in  an  action  by  the  latter  to  recover  it,  require  any 
strict  proof  of  the  regularity  of  the  proceedings  authorizing  it  to  be  col- 
lected. School  District  No.  9  of  Midland  v.  School  District  No.  5  of  Mid- 
land, 40  Mich.,  551. 

*[f  105.  Where  a  school  district  is  parceled  out  among  three  other 
existing  districts,  the  latter  cannot  be  held  jointly  liable  for  a  debt  of  the 
former  district;  whatever  they  are  bound  to  pay  must  be  a  several,  and 
not  a  joint,  obligation.  Halbert  v.  School  Dists.,  etc.,  36  Mich.,  421. 

*|f  106.  The  statute  having  confided  the  management  of  suits  brought 
against  a  school  district  to  the  assessor  when  no  other  direction  has  been 
given  by  the  voters  in  district  meeting,  the  moderator  and  director,  though 
constituting  a  majority  of  the  district  board,  have  no  authority  to  take  the 
defense  of  a  suit  from  the  assessor;  the  control  of  suits  is  not  among  the 
powers  or  duties  confined  by  the  statutes  to  the  district  board.  School 
District  No.  4  of  Rush  v.  Wing,  30  Mich.,  351. 

if  107.  The  suggestion  that  the  action  of  the  assessor  in  this  case  was 
such  as  to  be  evidence  of  an  adverse  interest  is  disregarded;  such  a  sugges- 
tion might  be  made  in  any  case  where  the  assessor  had  refused  to  yield  his 
legal  authority  to  another.  Ibid. 

If  108.  A  judgment  for  costs  against  the  district  on  the  dismissal  of  an 
appeal  taken  in  the  name  of  the  district  by  the  director,  without  the 
authority  or  assent  of  the  assessor,  on  the  ground  that  the  district  had  not 
appealed,  is  held  to  be  erroneous.  Ibid. 

if  109.  Costs  are  not  awarded  against  the  school  district  in  this  court, 
on  a  writ  of  error  brought  without  authority  of  the  assessor,  to  review 
such  dismissal.  Ibid. 

if  J10.  A  mandamus  will  lie  to  compel  a  school  district  to  pay  orders 
issued  by  it,  even  though  the  district  has  since  been  subdivided,  where 
statutory  provision  for  distributing  the  original  liability  has  not  been 
carried  out.  Tumbull  v.  Board  of  Education,  45  Mich.,  496. 

If  111.  Interest  upon  orders  issued  by  a  school  district  is  denied  upon 
granting  a  mandamus  to  compel  their  payment,  if  no  authority  has  been 
given  to  impose  it.  Ibid. 

VIII. 

TUITION   OF  NON-RESIDENT   PUPILS. 

If  112.  Before  any  action  can  be  maintained  under  the  statutes,  for  the 
tuition  of  non-resident  pupils,  the  district  board'must  first  fix  and  deter- 
mine the  rate  of  tuition  of  such  pupils,  and  this  should  be  by  resolution 
of  the  board,  properly  recorded  by  the  director  in  the  records  of  the  dis- 
trict; and  the  fact  that  such  action  has  been  taken;  cannot  be  shown  by 


94  APPENDIX  A. 


parol,  if  objected  to.     Thompson  v.  School  District  No,  6  of  Crockery,  25 
Mich.,  483. 

IX. 

ADMISSION  OF   COLOKED   CHILDREN   TO   SCHOOL. 

^f  113.  The  amendment  to  the  primary  school  law  of  1867 — Laws  of 
1867,  vol.  1,  p.  42  [General  School  Laws  of  1889,  §  45]— giving  equal 
rights  in  the  schools  to  all  residents,  is  applicable  to  the  city  of  Detroit, 
and  precludes  the  board  of  education  of  that  city  from  excluding  a  child 
from  any  public  school  on  the  ground  of  color.  People  v.  Board  of  Edu- 
cation, 18  Mich.,  400. 


SCHOOL   SITES   AND   SCHOOLHOUSES. 

1"  114.  Notice  of  a  meeting  of  the  board  of  school  inspectors  to  change 
a  schoolhouse  site  is  necessary.  Andress  v.  School  Inspectors  of  Will- 
iamstown,  19  Mich.,  333.  (See  If  1  preceding.) 

If  115.  The  board  of  inspectors  have  no  power  to  change  a  schoolhouse 
site  on  a  written  request  of  a  majority  of  qualified  voters  of  the  district, 
except  in  cases  where  the  site  has  been  fixed  by  them  because  the  inhabit- 
ants were  unable  to  agree  upon  a  site.  Ibid. 

f  116.  The  jurisdiction  to  condemn  lands  for  a  schoolhouse  site  is 
invoked  by  presenting  to  the  proper  officer  a  petition  designating  the  site 
and  showing  disagreement  with  the  owner  as  to  compensation  for  it.  Smith 
v.  School  District  No.  2.  of  Milton,  40  Mich.,  143. 

If  117.  In  proceedings  to  condemn  land  for  a  schoolhouse  site,  the 
circuit  judge  is  not  required  to  act  in  preference  to  a  circuit  court 
commissioner.  Ibid. 

f  118.  When  the  owner  of  land  that  is  sought  for  a  schoolhouse  site  is 
represented  at  the  proceedings  to  condemn  it,  he  is  deemed  to  waive  objec- 
tion to  jurors,  if  he  does  not  challenge  them  at  the  time.  Ibid. 

If  119.  When  the  petition,  notice,  venire,  finding,  and  commissioner's 
certificate  in  proceedings  to  condemn  land  for  a  schoolhouse  site  are 
regular  on  their  face  and  show  full  compliance  with  statutory  require- 
ments, the  proceedings  are  presumed  regular;  and  if  the  parties  interested 
were  represented  and  omit,  on  filing  the  proceedings,  to  make  a  sworn 
showing  to  the  circuit  court  of  any  other  defects,  such  as  an  omission  to 
designate  the  site  to  the  jury,  they  cannot  rely  on  it  thereafter.  Ibid. 

1  120.  A  school  district  contracting  for  the  building  of  schoolhouse 
within  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor  within 
such  reasonable  time  that  the  constructors  shall  not  be  delayed  on  their 
part.  Todd  et  al  v.  School  District  No.  1  of  Greenwood,  40  Mich.,  294. 

If  121.  Under  a  contract  for  the  construction  of  a  school  building  which 
provides  that  the  work  shall  be  "  executed  in  the  best  and  most  workman- 
like manner  and  agreeably  to  such  directions  as  may  be  given  from  time  to 
time"  by  the  architect  or  his  assistant  [the  local  superintendent  of  the  work 
employed  by  the  district],  "  and  to  his  full  and  entire  satisfaction  without 
reference  thereon  to  any  other  person,"  [it  was  held]  that  all  claims  for 
alterations  or  extras  were  to  be  judged  of,  determined,  and  adjusted  "  solely 


JT  OF  DECISIONS.  95 


I 


by  the  superintendent,"  and  that  payment  should  be  made  on  the  certificate 
of  the  architect  or  superintendent,  partly  on  monthly  estimates,  from  time 
to  time,  and  the  balance  on  completion  of  the  building;  whatever  passed 
under  the  inspection  of  the  superintendent  as  the  work  progressed,  and 
was  in  good  faith  approved  by  him,  expressly  or  by  implication,  was  not 
open  to  objection  on  the  part  of  the  district  afterwards;  and  the  certificate 
of  the  architect  was  not  a  condition  precedent  to  the  right  of  the  con- 
tractor to  recover  for  the  work  so  approved.  Wildey  v.  Fractional  School 
District  No.  1  of  Pate  Paw  and  Antwerp,  25  Mich.,  419. 

If  122.  Variances  from  such  a  contract  which  have  been  treated  at  the 
time  as  immaterial  by  both  parties  will  not  afterwards  be  held  to  be  depart- 
ures from  the  contract;  and  what  was  regarded  at  the  time  as  substantial 
compliance  with  its  terms,  constitutes  a  performance  in  law.  Ibid. 

€  123.  Intentional  departures  from  such  contract,  made  without  the 
consent,  express  or  implied,  of  the  district  officers,  architect,  or  superin- 
tendent and  in  disregard  of  their  directions,  would  not  bar  a  recovery  for 
other  portions  of  the  work  which  were  duly  approved;  but  the  district 
would  have  a  right  to  insist  on  the  proper  changes  in  the  work  to  make  it 
conform  to  the  contract,  and  to  recover  any  damages  sustained  by  the 
failure.  Ibid. 

If  124.  The  mere  fact  of  taking  possession  and  occupying  the  building 
by  the  district  for  their  schools,  after  the  time  when,  by  the  contract,  it 
was  to  be  completed,  would  not,  of  itself,  constitute  an  acceptance  which 
should  bar  any  claim  on  the  part  of  the  district  to  insist  upon  a  rectifica- 
tion of  any  faults,  or  the  payment  of  any  damages  they  may  have  suffered 
by  the  failure  in  strict  compliance;  but  the  fact  of  making  payments  after- 
ward without  objection,  the  manner  of  taking  possession,  and  whether  with 
or  without  objection  to  any  variation,  would  have  an  important  bearing  on 
the  question  of  fact,  whether  any  rights  were  intentionally  waived,  or 
whether  there  was  a  purpose  to  accept  the  building  as  completed  in  sub- 
stantial compliance  with  the  contract.  Ibid. 

^f  125.  Mandamus  will  not  lie  to  compel  a  circuit  judge  to  overrule  his 
finding  that  the  proceedings  [of]  taking  for  the  condemnation  of  a  site  for 
a  schoolhouse  were  irregular,  and  to  compel  him  to  enter  judgment  for  the 
amount  found  due.  School  District  No.  5  of  the  Township  of  Delhi  v.  The 
Circuit  Judge  for  Ingham  County,  49  Mich.,  432. 

If  126.  Proceedings  to  condemn  land  for  a  schoolhouse  site  will  be 
quashed,  if  there  is  no  lawful  designation  thereof  shown  by  the  records. 
Heck  v.  School  District  No.  2  of  Essex,  49  Mich.,  551. 

•  127.     The  school  law  (Act  164  of  1881)  permits  land  to  be  condemned 
for  school  purposes  only  when  a  site  has  been  lawfully  determined,  and  it 
confines  the  power  of  the  township  inspectors  to  determine  the  site  to 
cases  where  the  inhabitants  themselves  cannot  do  it;  and  it  seems  that 
more  than  one  site  cannot  be  designated  except  by  the  inhabitants.     Ibid. 

•  129.     The  justice  to  whom  a  petition  for  the  condemnation  of  land 
for  a  schoolhouse  site  is  presented,  is  not  empowered  to  hear  evidence  or 
pass  on  any  of  the  merits.     Ibid. 

•  130.     Where  proceedings  to  condemn  land  for  a  schoolhouse  site  are 
brought  before  a  jury,  proof  of  a  legal  selection  of  a  site  must  be  made  to 
them,  and  without  it  they  cannot  find  it  to  be  necessary  to  condemn  it. 
Ibid. 

If  131.  A  lease  to  a  school  district,  to  hold  the  property  "  during  the  time 
it  is  used  for  school  purposes,"  is  a  lease  in  perpetuity  at  the  will  of  the 


96  APPENDIX  A. 


lessee;  and,  as  the  lessee  is  a  corporation  and  words  of  inheritance  are  not 
required,  the  lease,  if  a  present  consideration  is  paid,  really  operates  as  a 
bargain  and  sale,  and  conveys  a  base  or  determinable  fee.  This  is  sufficient 
to  satisfy  the  provisions  of  the  school  law,  which  requires  a  title  in  fee  or  a 
lease  for  ninety-nine  years,  where  land  is  to  be  secured  for  erecting  a  stone 
or  brick  schoolhouse.  School  District  No.  5  of  Delhi  v.  Everett,  52  Mich., 
314. 

If  132.  After  the  lapse  of  a  dozen  years  it  is  too  late  to  disturb  the  title 
to  a  schoolhouse  site  by  mere  questions  of  regularity  in  the  proceedings  to 
designate  it.  Ibid. 

If  133.  A  surety  on  a  bond  given  to  secure  the  performance  of  a  contract 
for  building  a  schoolhouse,  cannot  recover  of  the  trustees  of  the  district 
for  moneys  due  him  for  materials  furnished  in  the  erection  of  the  building, 
by  reason  of  their  failure  to  require  the  contractor  to  execute  the  statutory 
bond  provided  for  by  act  No.  94,  Laws  of  1883.  Owen  v.  Hill  et  al.y  67 
Mich.,  43. 

*[[  134.  Whether  such  trustees  are  liable  in  any  event  for  such  neglect  of 
duty,  query, — Sherwood  and  Champlin,  J.  J.,  holding  them  so  liable,  and 
Campbell,  C.  J.,  and  Morse,  J.,  reserving  their  opinion  on  the  subject. 
Ibid. 

XI. 

GRADED  AND  HIGH  SCHOOLS. 

If  135.  The  right  of  school  authorities  in  union  school  districts  of  this 
State  to  levy  taxes  upon  the  general  public  for  the  support  of  high  schools, 
and  by  such  taxation  to  make  free  the  instruction  of  children  in  other 
languages  than  English,  is  sustained.  Stuart  v.  School  District  No.  1  of 
Kalamazoo,  30  Mich.,  69. 

If  136.  A  school  district  which  has  assumed  to  possess  and  exercise  all 
the  rights  and  franchises  of  a  regularly  organized  corporation  for  thirteen 
years,  with  entire  acquiescence  of  everybody,  is  not  liable  to  have  the  reg- 
ularity of  its  organization  or  of  the  legislation  under  which  it  acted,  called 
in  question  thereafter,  in  a  merely  private  and  collateral  suit.  Ibid. 

If  137.  Whether  or  not  the  statute  of  limitations  applies  in  terms  to  a 
case  where  it  is  not  so  much  the  organization  of  the  school  district  that  is 
questioned  as  its  authority  to  establish  a  high  school  and  levy  taxes  there- 
for, it  is  strictly  applicable  in  principle.  Ibid. 

^[  138.  The  organization  claimed  and  asserted  by  the  district  being  that 
of  a  union  school  district,  the  presumption  of  organization  arising  from  its 
user  of  corporate  power  must  be  that  of  such  an  organization  as  its  user 
indicates,  and  whether  or  not  an  acquiescence  for  the  statutory  period  of 
two  years  will  raise  the  presumption  of  regular  organization,  one  of  thir- 
teen years  certainly  will.  Ibid. 

If  139.  The  State  policy  of  Michigan  on  the  subject  of  education  and  of 
the  territory  before  the  State  was  organized,  beginning  in  1817  and  continu- 
ing down  until  after  the  adoption  of  the  present  constitution,  having  been 
reviewed  and  considered,  the  conclusion  is  reached  that  there  is  nothing  in 
our  State  policy  or  in  our  constitution  or  in  our  laws,  restricting  the 
primary  school  districts  of  the  State  in  the  branches  of  knowledge  which 
their  officers  may  cause  to  be  taught,  or  the  grade  of  instruction  that  may 
be  given,  if  the  voters  of  the  district  consent  in  regular  form  to  bear  the 


MGEST  OF  DECISIO1 


I 


expense  and  raise  the  taxes  for  the  purpose  or  to  prevent  instruction  in 
the  classics  and  living  modern  languages  in  these  schools.  Ibid. 

^[140.  The  power  to  make  the  appointment  of  a  superintendent  of 
schools  in  a  union  school  district  is  one  that  is  incident  to  the  full  control 
which  by  law  the  district  board  has  over  the  schools  of  the  district.  Ibid. 

Tf  141.  The  degree  below,  dismissing  the  bill  filed  in  this  case  to  restrain 
the  collection  of  such  portions  of  the  school  taxes  assessed  against  the 
complainants  for  the  year  1872,  as  has  been  voted  for  the  support  of  the 
high  school  in  the  village  of  Kalamazoo  and  for  the  payment  of  the  salary 
of  the  superintendent,  is  affirmed.  Ibid. 

^f  142.  The  board  of  trustees  of  a  graded  school  have  authority  to  pur- 
chase a  piano  for  the  purposes  of  a  high  school.  Knabe  et  al.  v.  The 
Board  of  Education  of  the  City  of  West  Bay  City,  67  Mich.,  262. 

Tf  143.  When  the  law  gives  the  board  of  trustees  power  to  prescribe  the 
course  of  studies,  it  gives  them  the  authority  to  provide  means  to  carry  the 
power  into  effect.  Ibid. 

XII. 

LIBRARY   MONEYS. 

J 144.  The  treasurer  of  the  board  of  school  inspectors,  and  not  the  town- 
ship treasurer,  is  the  proper  custodian  of  the  township  library  money;  and 
the  latter  officer,  on  proper  demand,  is  bound  to  pay  it  over  to  the  former 
and  is  not  entitled  to  withhold  it  until  it  is  drawn  by  the  inspectors  as 
needed  for  specific  appropriations;  and  mandamus  will  lie  to  enforce  the 
performance  of  this  duty.  McPharlin  v.  Mahoney,  30  Mich.,  100. 

Tf  145.  It  is  a  sufficient  ground  for  an  application  for  mandamus  to 
enforce  such  payment,  that  the  township  treasurer,  when  an  order  was 
properly  drawn  on  him  by  the  inspectors  for  such  money,  but  for  an  amount 
slightly  in  excess  of  the  money  in  his  hands,  refused  to  pay  over  what  he 
had,  not  on  the  ground  that  the  order  was  too  large  a  sum,  but  upon  the 
distinct  assertion  that  he  was  himself  the  proper  custodian  of  the  funds, 
and  was  not  bound  to  pay  them  over,  except  as  they  were  required  by  the 
inspectors  for  special  purposes.  Ibid. 

If  146.  Under  the  constitution  and  statutes,  all  moneys  which  are  paid 
into  the  office  of  the  county  treasurer,  on  account  of  fines,  penalties 
forfeitures,  and  recognizances,  are  to  be  credited  to  the  library  fund,  and 
apportioned  and  paid  over  by  the  treasurer  to  the  proper  local  officers, 
without  any  deduction  for  expenses,  either  attending  the  collection  of  the 
particular  sums  paid  in  or  embracing  the  general  criminal  expenses  of  the 
county.  Board  of  Education  of  Detroit  v.  Treasurer  of  Wayne  County, 
8  Mich.,  392. 

XIII. 

MISCELLANEOUS. 

If  147.     A  communication  representing  that  a  certain  person  was  of  bad 
moral  character  and  wholly  unfit  to  teach  and  have  the  care  of  a  district 
school,  made  to  a  township  superintendent  by  persons  interested  in  a  par- 
ticular school  within  its  jurisdiction,  for  the  sole  purpose  of  preventing 
13 


93  APPENDIX  A. 


the  issue  to  the  person  so  charged  of  a  license  to  teach  the  school,  is  held 
to  be  a  privileged  communication  and  not  actionable.  Wieman  v.  Mabee, 
45  Mich.,  481 

If  148.  An  action  will  not  lie  on  a  communication  relating  to  personal 
character,  if  made  in  good  faith  and  for  an  honest  purpose  by  persons  con- 
cerned, and  to  the  proper  person.  Nor  will  it  lie  when  such  a  communi- 
cation is  untrue,  if  it  is  is  not  maliciously  made.  Ibid. 

If  149.  A  school  director  has  authority,  in  the  exercise  of  a  sound 
discretion,  to  buy  new  seats  for  a  schoolhouse  under  a  resolution  adopted 
at  the  annual  meeting  of  the  school  district  "  that  the  school  board  fix  the 
schoolhouse  ready  for  the  winter  term."  McLaren  v.  Town  Board  of 
Akron,  48  Mich.,  189. 

*[f  150.  Act  164  of  1881,  in  authorizing  the  removal  of  a  school  district 
officer  for  illegally  using  or  disposing  of  any  of  the  public  moneys  entrusted 
to  his  care,  does  not  cover  a  charge  of  conspiring  with  a  woman  moderator 
to  hire  her  husband  as  teacher  and  pay  him  more  than  was  necessary  to 
obtain  a  good  teacher.  Ibid. 

If  151.  If  one  of  two  parties  claiming  the  office  of  moderator  obtains  a 
judgment  of  ouster  against  co-claimant  and  is  recognized  by  the  director 
and  assessor,  he  becomes  an  incumbent  of  the  office  de  facto  and  his  action 
will  be  respected  while  in  office.  School  District  No.  8  of  Tallmadge 
Township  v.  Boot,  Town  Treasurer,  61  Mich.,  373. 

If  152.  The  practice  of  taking  "  informal  ballots  at  regular  elections 
has  no  legal  sanction  may  mislead  voters,  and  is  open  to  grave  abuse  and 
is  so  held  when  indulged  in  at  annual  school  meeting.  Ibid. 

If  153.  A  line  fence  around  the  schoolhouse  site  is  a  "  necessary 
appendage  "  within  the  meaning  of  the  statute.  "  Appendages,"  under  the 
school  statutes,  include  fuel,  fences,  and  necessary  outhouses.  The  duty 
of  the  director  to  provide  the  same  is  not  confined  to  the  school  term; 
they  should  be  on  hand  when  the  school  opens.  It  then  becomes  his 
duty  to  keep  the  same  in  repair,  as  also  the  schoolhouse.  Creager  v. 
School  District  No.  9  of  Wright  Township,  62  Mich.,  101. 

T  154.  Direction  for  the  payment  of  primary  school  money  apportioned 
by  the  Superintendent  of  Public  Instruction  as  between  districts,  if  accom- 
panying the  apportionment,  cannot  be  altered  or  modified  by  the  town 
clerk.  Moiles,  Assessor  v.  Watson,  Treasurer,  &c.,  60  Mich.,  415. 

Tfl55.  Title  of  de  facto  officer  will  not  be  tried  on  application  for 
mandamus.  Ibid. 

Tf  156.  The  mother  of  a  child  included  in  the  school  census  of  the  dis- 
trict, who  had  resided  therein  more  than  three  months  and  was  more  than 
twenty-one  years  of  age,  was  entitled  to  vote  at  a  school  meeting  for  school 
trustees,  though  the  constitution  of  Michigan  limits  the  right  of  suffrage 
to  males,  as  the  constitutional  qualifications  do  not  apply  to  officers  for 
which  the  legislature  has  the  right  to  provide,  among  which  are  school 
trustees.  Belles  v.  Burr  et  al,  43  N.  W.  Kep.,  24. 

(NOTE — This  decision  does  not  apply  to  cities  whose  charters  provide 
that  school  officers  shall  be  voted  for  on  the  same  ballot  with  other  muni- 
cipal officers  at  a  general  election.  See  Mudgev.  Jones,  59  Mich.,  165.) 

If  157.  A  rule  by  a  school  board  that  "  pupils  who  shall  in  any  way 
deface  or  injure  the  school  building,  outhouses,  furniture,  maps,  or  anything 
else  belonging  to  the  school,  shall  be  suspended  from  school  until  full 
satisfaction  is  made,"  will  not  be  enforced  against  a  boy  who  accidentally 
breaks  a  window  glass*.  Such  a  rule  will  not  be  sustained  where  the  act 


DIGEST  OF  DECISIONS.  99 


vas  done  merely  through  carelessness  or  negligence,  but  it  must  be  wilful 
)r  malicious  to  warrant  suspension  from  school.  Joseph  H.  Holman  v. 
Trustees  of  District  No.  5,  Township  of  Avon.  (Opinion  filed  Nov.  8, 
1889.) 

If  158.  It  is  the  duty  of  the  moderator  of  a  school  district  to  counter- 
sign all  proper  orders  drawn  by  the  director  or  the  district  treasurer,  and 
if  he  refuses  to  countersign  such  an  order  issued  in  full  compliance  with 
the  provisions  of  law,  mandamus  will  .lie  to  compel  the  performance  of 
3uch  duty.  Montgomery  v.  State,  53  N.  W.  Rep.,  586. 

If  159.  A  contract  of  employment  of  a  teacher,  entered  into  on  behalf  of 
the  district  by  the  director  and  treasurer,  will  bind  the  district,  although 
the  moderator  was  not  consulted  concerning  the  employment.  Mont- 
gomery v.  State,  53  N.  W.  Rep.,  568. 

If  160.  There  is  no  reason  why  the  school  district  should  be  put  to  the 
cost  of  a  suit  by  reason  of  the  refusal  of  the  assessor  to  discharge  a  duty 
which  might  be  compelled  by  proper  proceedings  against  him.  Phillipps 
v.  School  District  No.  3,  79  Mich.,  170. 

^f  161.  The  power  to  adopt  text  books  is  conferred  by  law,  and  cannot 
be  affected  by  any  rule  of  the  board  fixing  a  time  for  the  reconsideration 
of  motions  and  resolutions.  Jones  v.  Board  of  Education,  Detroit,  88 
Mich.,  371. 

f  162.  Howell's  Statutes,  paragraph  3,  section  5073,  sub.  6,  forbids  the 
purchase  by  a  school  director  of  any  charts  or  apparatus  for  the  school 
without  a  vote  of  the  district  authorizing  same;  held,  not  to  allow  of  any 
purchase  by  a  director,  whether  acting  singly  or  with  the  other  directors, 
unless  upon  authority  of  the  district.  Western  Pub.  House  v.  School 
District  No.  1,  Locke,  53  N.  W.  Rep.,  1103. 

5"  163.  A  notice  of  a  meeting  of  the  board  of  school  inspectors  of  a  town- 
ship, which  is  in  fact  signed  by  the  township  clerk,  is  a  valid  notice,  whether 
he  describes  himself  as  township  clerk  or  as  clerk  of  the  board  of  school 
inspectors.  McDonough  v.  Dewey,  82  Mich.,  309. 

Tf  164.  A  notice  of  the  proposed  enlargement  of  a  school  district  by 
attaching  territory  taken  from  two  contiguous  districts,  which  gives  the 
exterior  boundaries  of  the  district  before  and  after  such  enlargement,  but 
which  fails  to  name  the  contiguous  districts,  is  sufficiently  definite  and 
certain  and  shows  upon  its  face  that  the  two  districts  are  to  be  affected  by 
the  proposed  action  of  the  inspectors.  McDonough  v.  Dewey,  82  Mich.,  309. 

If  165.  No  power  is  now  conferred  by  statute  upon  the  voters  at  an 
annual  meeting  to  determine  whether  the  school  should  be  kept  by  a  male 
or  female  teacher.  Cleveland  v.  Amy,  88  Mich.,  377. 

If  166.  While  we  are  not  prepared  to  say  that  the  board  has  a  right 
arbitrarily  to  refuse  a  certificate  to  one  possessing  the  proper  qualifica- 
tions, we  are  prepared  to  say  that,  if  the  board  should  refuse  a  certificate 
through  a  personal  prejudice  or  a  wilful  intent  to  injure  an  applicant,  and 
deprive  him  or  her  of  earning  a  livelihood  at  teaching,  such  person  would 
have  the  same  remedy  as  any  other  person  who  is  injured  by  the  mal- 
feasance of  a  public  officer.  The  matter  of  selecting  or  certifying  proper 
and  competent  teachers  in  our  schools  is  one  of  much  importance;  and, 
vested  as  it  is,  in  a  board  of  school  examiners  who  by  personal  examina- 
tion are  better  qualified  to  survey  and  consider  all  the  circumstances  which 
should  influence  one  in  forming  a  judgment,  we  should  hesitate  to  inter- 
fere, and  will  only  do  so  in  a  case  free  from  doubt  and  of  a  gross  perver- 
sion of  duty.  Sturdevant  v.  School  Examiner,  Eaton  County. 


100  APPENDIX  A. 


If  167.  Plaintiff  held  a  certificate  which  expired  one  month  after  he 
began  his  school  *  *  *  *  failed  to  procure  a  certificate  upon  two 
trials.  It  was  his  business  to  quit;  and  after  such  failure  neither  one  nor 
all  of  the  district  officers  could  continue  him  in  the  school  and  bind  the 
district  to  pay  for  his  services,  as  it  is  shown  that  there  was  no  difficulty 
in  obtaining  qualified  teachers  in  that  vicinity.  Devoe  v.  School  District 
No.  3,  17  Mich.,  610. 

Tf  168.  A  high  school  is  not  a  "  college  "  or  university  within  the  mean- 
ing of  Public  Acts  1891,  No.  147,  which  provides  that  graduates  of  such 
institutions  shall  be  eligible  to  the  office  of  county  commissioner  of  schools. 
People  v.  Howlett,  53  N.  W.  Rep.,  1100. 

1f  169.  Under  public  acts  of  1891,  No.  147,  making  the  holding  of  a  first 
grade  certificate  as  teacher  a  qualification  for  the  office  of  county  school 
commissioner,  such  certificate  issued  to  one  after  his  election,  though  dated 
prior  thereto,  is  insufficient.  People  v.  Howlett,  53  N.  W.  Rep.,  1100. 

If  170.  A  first  special  grade  certificate  of  qualification  as  teacher  can  be 
granted  only  after  the  regular  public  examination  provided  for  by  Public 
Acts  1887,  No.  226,  and  Public  Acts  1891,  No.  147.  People  v.  Howlett,  53 
N.  W.  Eep.,  1100. 

If  171.  Where  one  disqualified  under  Public  Acts  1891,  No.  147,  to  act  as 
county  school  commissioner,  is  elected  to  that  office,  a  judgment  of  ouster 
is  proper,  though  there  is  no  opposing  claimant  for  the  office.  People  v. 
Howlett,  53  N.  W.  Eep.,  1100. 


APPENDIX  B 


FORMS  FOR  PROCEEDINGS  UNDER  THE  SCHOOL  LAWS. 


NOTE. — The  following  blank  forme  do  not  comprise  a  full  set  for  all  purposes  under 
the  school  laws.  All  furnished  by  the  Superintendent  of  Public  Instruction,  together 
with  such  as  may  be  required  in  proceedings  where  the  services  of  attorneys  are  usually 
employed,  and  a  few  for  which  those  published  may  be  readily  adapted,  are  omitted. 
Officers  are  advised,  when  performing  any  duty  to  which  these  forms  are  applicable,  to 
use  them  in  preference  to  others,  as  by  this  means  uniformity  of  administration  is 
secured,  many  mistakes  will  be  prevented,  and  in  time  that  which  may  now  seem  com- 
plicated and  obscure  will  be  more  generally  understood. 

FORM  No.  1. 

Notice  by  the  Clerk  of  the  Board  of  Inspectors  to  a  Taxable  Inhabitant  of  a  District 

at  the  Time  of  its  Formation. 

[See  Compiler's  Sections  9  and  10.] 

To  A B ; 

SIB — The  board  of  school  inspectors  of  the  township  of have  formed 

a  school  district  in  said  township,  to  be  known  as  district  No ,  and  bounded  as 

follows:     [Here  insert  the  description.] 

The  first  meeting  of  said  district  will  be  held  at___ on  the day  of 

___ __,  18._,  at o'clock M.,  and  you  are  instructed  to  notify 

every  legal  voter  of  said  district  of  the  same,  at  least  five  days  previous  to  said  meeting, 
either  personally  or  by  leaving  a  written  notice  at  his  place  of  residence.  You  will 
indorse  on  this  notice  a  return,  showing  each  notification,  with  the  date  or  dates 
thereof,  and  deliver  the  same  to  the  chairman  of  said  meeting. 

Dated  this day  of ,  18 

(Signed)  C D , 

Clerk  of  the  Board  of  School  Inspectors. 


102 


APPENDIX  B. 


FORM  No.  2. 

Notice  of  First  Meeting— when  made  in  writing  to  be  left  at  the  house  of  every  legal 

voter. 

[See  Compiler's  Sections  9, 10,  and  24.] 

ToC D ; 

SIR— School  district  No of  the  township  of ,  having  been  formed  by 

the  board  of  school  inspectors,  you,  as  a  legal  voter  in  said  district,  are  hereby  notified 

that  the  first  meeting  thereof  will  be  held  at ___,  on  the.-.      __day  of 

,  18 ,  at o'clock. ___M. 

Dated  this __day  of ___,  18 

(Signed)  A B 

[The  per  son  appointed  to  give  notice.] 


FORM  No.  3. 

Endorsement  upon  the  notice  (Form  No.  1)  by  Taxable  Inhabitant. 
[See  Compiler's  Sections,  9, 10,  24,  and  189.] 

I,  A B_ ,  hereby  return  the  within  (or  annexed)  notice,  having  notified 

the  qualified  voters  of  the  district,  as  follows: 


NAMES. 

DATE. 

How  NOTIFIED. 

A.    _ 

B 

January  1  1882 

Personally. 

C  

...    .  D 

"        1,  1882 

Written  Notice 

E  

F. 

"        2,  1882 

Personally. 

Dated  this _day  of. 

(Signed) 


18. 


B. 


FORM  No.  4. 

Notice  by  township  Clerk  to  Director,  of  Alteration  in  District. 
[See  Compiler's  Section  18.] 

To  the  Director  of  School  District  No ,  Township  of : 

SIR — At  a  meeting  of  the  board  of  school  inspectors  of  the  township  of 

held ,  18 ,  the  boundaries  of  school  district  No. ,  township  of 

. ,  were  altered  in  such  manner  that  the  territory  of  said  district  now 

includes  the  following:    [Here  insert  the  description.! 

Dated  this ___day  of _,  18 

(Signed)  C D , 

Clerk  of  the  Board  of  School  Inspectors. 


FORMS  OF  PROCEEDINGS. 


103 


FORM  No.  5. 


Acceptance  of  office  by  District  Officers,  to  be  filed  with  the  Director. 
[See  Compiler's  Sections  32, 108,  and  140.] 

I  do  hereby  accept  the  office  of in  school  district  No. 

the  township  of _.  • 

ated  this —day  of ___,  18 

(Signed)  A B 


FORM  No.  6. 

Assessor's  Bond. 
[See  Compiler'B  Section  52.] 

NOW  ALL,  MEN  BY  THESE  PRESENTS:    That  we,  A B 

of  school  district  No ,  township  of __ ___,  county  of »— , 

and  State  of  Michigan,  C D and  E __ F 

[his  sureties],  are  held  firmly  bound  unto  said  district  in  the  sum  of 

[here  insert  double  the  amount  expected  to  come  into  the  assessor's  hands]  to  be  paid 
to  the  said  district;  for  the  payment  of  which  sum  well  and  truly  to  be  paid  we  bind 
ourselves,  our  heirs,  executors,  and  administrators,  jointly  and  severally,  firmly  by 
these  presents. 

The  condition  of  the  above  obligation  is  such  that,  if  the  said 

assessor  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office 

as  assessor  of  said  school  district,  and  shall  well  and  truly  pay  over  to  the  person  or 
persons  entitled  thereto,  upon  the  proper  order  therefor,  all  sums  of  money  which 
shall  come  into  his  hands  as  assessor  of  said  district,  and  shall,  at  the  expiration  of  his 
term  of  office,  pay  over  to  his  successor  in  office  all  moneys  remaining  in  his  hands  as 
assessor  aforesaid,  and  shall  deliver  to  his  successor  all  books  and  papers  appertaining 
to  his  said  office,  then  this  obligation  shall  be  void,  otherwise  of  full  force  and  virtue. 

Sealed  with  our  seals  and  dated  this day  of ..18. _. 

A _  B 

C____ _.  D 

E F 

Signed,  sealed,  and  delivered  in  presence  of 


L.  S.J 
L.  S.I 
L.  8.1 


We  approve  the  within  bond. 
(Signed) 


G H ,  Moderator. 

J  ...  _  K._  ..,  Director. 


FORM  No.  7. 

Notice  of  Annual  Meeting. 
[See  Compiler's  Sections  21,  23,  and  48.] 

NOTICE.— The  annual  meeting  of  school  district  No of  the  township  of _ 

,  for  the  election  of  school  district  officers  and  for  the  transaction  of  such 

other  business  as  may  lawfully  come  before  it,  will  be  held  at ,  on  Mon- 
day, the day  of  September  [or  July],  18__,  at o'clock._.M. 

?ust  [or  J i 


Dated  this day  of  August  [or  July],  18 


(Signed) 


B.._ ..,  Director. 


104  APPENDIX  B. 


FORM  No.  8. 

Request  to  be  made  by  five  Legal  Voters  of  a  District  to  the  District  Board  for  a 

Special  Meeting. 

(See  Compiler's  Section  22.) 

To  the  District  Board  of  School  District  No (or  to  A. B ,  one  of  the 

District  Board): 

The  undersigned,  legal  voters  of  school  district  No of  the  township  of 

,  request  you,  in  pursuance  of  section  15  of  chapter  II.  of  the 

general  school  laws  of  1889,  to  call  a  special  meeting  of  said  district,  for  the  purpose  of 


Dated  this day  of ,  18 

(Signed) 


E 

F                            , 

G 

I 

K 

L 

M 

FORM  No.  9. 

Notice  of  Special  Meeting. 
[See  Compiler's  Sections  22  and  23.] 

NOTICE — A  special  meeting  of  the  legal  voters  of  school  district  No ,  in  the 

township  of ,  called  on  the  written  request  of  five  legal  voters  [or 

called  by  the  district  board,  as  the  case  may  be],  will  be  held  at ,on  the 

day  of _ ,  18 ,  at o'clock M.,  for  the  purpose 

of  [here  insert  every  object  that  is  to  be  brought  before  the  meeting]. 

(Signed)  A___ B__ .Director. 


FORM  No.  10. 

Order  upon  the  Assessor  for  Moneys  to  be  disbursed  by  him,  with  Receipt  attached. 
[See  Compiler's  Sections  48  and  52.] 

Assessor  of  School  District  No ,  Township  of : 

SIR— Pay  to the  sum  of ^Q  dollars  out  of  any  moneys 

in  your  hands  belonging  to  the  [  here  insert  name  of  fund  on  which  order  is  drawn,  as 

"teachers'  wages,"  "building,"  etc.]  fund,  on  account  of  [here  state  the  object  for 

which  the  order  was  drawn.] 

Dated  this day  of ,  18 

A B ,  Director. 

[COUNTEBSIGNED] 

C D ,  Moderator. 

Received  of  E F ,  assessor  of  school  district  No ,  the  amount 

specified  in  the  above  order. 

G..  .  H.. 


FORM  No.  11. 

Warrant  upon  Township  Treasurer  for  Moneys  belonging  to  School  District. 
[See  Compiler's  Sections  48,  52,  and  72.] 

Treasurer  of  the  Township  of : 

SIR— Pay  to  A B , ,  assessor  of  school  district  No in  said 


FORMS  OF  PROCEEDINGS. 


105 


Moderator. 


township,  the  sum  of  __  dollars,  out  of  There  insert  the 

100 
particular  fund],  in  your  hands  belonging  to  said  district. 

Dated  at.._ this day  of_ ,  18 

C D ,  Director. 

[Countersigned.] 

rM~- 


FORM  No.  12. 


Certificate  by  District  Board  to  Township  Clerk,  of  District  Taxes  to  be  Assessed. 

[See  Compiler's  Section  37.J 


Clerk  of  the  Township  of... : 

The  undersigned,  district  board  of  school  district  No .  township  of  ___ __, 

do  hereby  certify  that  the  following  taxes  have  been  voted  by  the  qualified  electors  of 
said  district,  during  the  school  year  last  closed,  and  estimated  and  voted  by  the  district 
board,  under  the  provisions  of  law,  viz.: 


For  teachers'  wages  

8  

For  building  purposes  

For  repairs 

For  paying  bonded  indebtedness 

For  fuel.                                  

For  library  _        *.     . 

For  apparatus  

For  incidental  expenses  _  

For  _.  

Total  

$  

Which  amounts  you  will  report  to  the  supervisor  to  be  assessed  upon  the  taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 
Dated  at this day  of __ ,  18. _. 

A B ,  Moderator. 

C __.  D ,  Director. 

E._  .  F__  ...  Assessor. 


FORM  No.  13. 

Bond  to  be  given  by  the  Chairman  of  the  Board  of  School  Inspectors. 
[See  Compiler's  Section  54.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:    That  we,  A B ,  the  chairman 

of  the  board  of  school  inspectors  of  the  township  of ,  county  of... 

and  State  of  Michigan,  and  C D and  E F [his  sureties] 

14 


106  APPENDIX  B. 


are  held  and  firmly  bound  unto  the  said  township,  in  the  sum  of  [here  insert  the  sum  of 
double  the  amount  to  come  into  said  chairman's  hands,  as  nearly  as  the  same  can  be 
ascertained]  for  the  payment  of  which  sum  well  and  truly  to  be  paid  to  the  said  town- 
ship, we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and  severally, 
firmly  by  these  presents. 

The  condition  of  this  obligation  is  such  that  if  A  _________  B  _________  ,  the  chairman 

of  the  board  of  school  inspectors,  shall  faithfully  appropriate  all  moneys  that  may  come 
into  his  hands  by  virtue  of  his  office,  then  this  obligation  shall  be  void;  otherwise,  of 
full  force  and  virtue. 

Sealed  with  our  seals,  and  dated  this  _________  day  of  .......  ..,  18... 


C  ........  D  ________  ,[L.S. 

E  ........  F  .....  ___,L.  s. 

Signed,  sealed,  and  delivered  in  the  presence  of 


I  approve  the  within  bond. 

(Signed)  G H ,  Township  Clerk. 


FORM  No.  14. 

Appointment  of  District  Officers  by  District  Boards. 
[See  Compiler's  Sections  80  and  108.] 

The  undersigned,  members  of  the  district  board  of  school  district  No , 

township  of ,  do  hereby  appoint  A B 

[director,  moderator,  or  assessor,  as  the  case  may  be]  of  said  district  to  fill  the  vacancy 

created  by  the  [removal,  resignation,  or  death,  etc.]  of  C D , 

the  late  incumbent. 

Dated  this day  of...  ..,  18 

E _ F__ 

G..  ,.  H.. 


FOKM  No.  15. 
Appointment  of  District  Officers  by  School  Inspectors. 

[See  Compiler's  Sections  30  and  108.] 

The  undersigned  school  inspectors  of  the  township  of.._  ...............  _,do  hereby 

appoint  A.__  ........  .  B  ____________  [director,  moderator,  or  assessor  as  the  case  may 

be]  of  school  district  No  -----  ,  in  said  township,  the  district  board  having  failed  to 

appoint. 

Dated  this  ____  day  of  ............  ,  18  ..... 

C..._  ........  D  .......  _____  , 


__  H  ____________  , 

Board  of  School  Inspectors. 


FORM  No.  16. 

Notice  of  Meeting  of  Inspectors. 
[See  Compiler's  Section  15.] 

NOTICE. — A  meeting  of  the  board  of  school  inspectors  of  the  township  of 

___,  will  be  held  at... ,  on  the day  of _ 18 ,  at 

o'clock M.,  for  the  purpose  of  [here  insert  every  object  that  is  to  be  brought  before 


FORMS  OF  PROCEEDINGS.  107 

the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts,  state  the 
Alterations  proposed.] 

Dated  this day  of ,  18 

A B 

Clerk  of  the  Board  of  School  Inspectors. 


FORM  No.  17. 

to  be  given  to  the  Director  of  a  School  District,  by  the .  Board  of  School 
Inspectors  when  they  establish  a  Site. 

[See  Compiler's  Section  89.] 

The  inhabitants  of  school  district  No ,  township  of ,  having 

failed,  at  a  legal  meeting,  to  establish  a  site  for  a  schoolhouse,  the  board  of  school 
inspectors  hereby  certify  that  they  have  determined  that  the  said  site  shall  be  as  fol- 
lows [here  insert  description.] 

Given  under  our  hands  this .day  of ,  18 

A B _ , 

C D , 

E F 

Board  of  School  Inspectors. 


E 


FORM  No.  18. 

Warrant  on  the  Township  Treasurer  for  Library  Moneys. 
[Bee  compilers  Section  115.] 

To  the  Treasurer  of  the  Township  of ,  County  of : 

SIR— Pay  to _._,  chairman  of  the  board  of  school  inspectors,  the  sum  of 

p^  dollars,  from  the  library  moneys  in  your  hands  or  to  come  into  your 

hands,  the  same  being  for  the  support  of  the  library  of  said  township. 

Dated  at _..,  this day  of .,  18 

A B , 

C D__ 

E F _. 

Township  Board  of  School  Inspectors. 

REMARK.— In  case  one  or  more  district  libraries  are  established  in  a  township  the  library  moneys  due 
anch  districts  are  payable  on  the  order  of  the  district  officer.    (See  Form  No.  11.) 


FORM  No.  19. 

Notice  by  the  Township  Treasurer  to  the  Township  Clerk  of  Moneys  to  be  Appor- 
tioned to  Districts. 

[See  Compiler's  Sections  72  and  73.] 
To  the  Clerk  of  the  township  of ,  County  of. 


SIR — I  have  now  in  my  hands  for  apportionment  to  the  several  school  districts  of 
this  township  the  following  moneys: 

Primary  school  interest  fund __ §.._ _ 

Library  moneys  received  from  county  treasurer _ 

One-mill  tax _ _ _   

•Surplus  dog  tax  _ ___ _ _ .__ _ 

District  taxes _ __ ._  __ 

Special  funds 

Dated  this day  of ,  18 


Township  Treasurer. 


108 


APPENDIX  B. 


FORM  No.  20. 

Notice  by  the  Township  Clerk  to  the  Township  Treasurer,  of  the  apportionment  of 

Moneys  to  Districts. 

[See  Compiler's  Sections  63  and  64.] 

To  the  Treasurer  of  the  Township  of ,  County  of... __  : 

SIR — Herewith  find  a  statement  of  the  number  of  children  of  school  age  in  each 
school  district  of  this  township,  entitled  to  draw  public  moneys,  and  the  amount  of 
moneys  apportioned  to  each  of  said  districts: 

g 

P  M  3 

5  »  * 

i«   |1    I  I    i    i 

II 

£*      &s  o        $        Q        £      H- 

District  No.  1 $ $ $ $ $ $ $. 

District  No.  2,  fr'l. 

Total $ $ $ $ $ $ $- 

Dated  this...       ..day  of  _.  ..,18 

A B , 

Township  Clerk. 

FORM  No.  21. 

Notice  by  the  Township  Clerk  to  Directors,  of  Moneys  belonging  to  the  Districts. 

[See  Compiler's  Section  64.] 

A B ,  Director  of  School  District  No ,  Township  of : 

SIR — The  amount  of  school  moneys  apportioned  to  school  district  No ,  township 

of .._,  is  as  follows: 

Primary  school  interest  fund__ $.. 

Library  moneys  received  from  county  treasurer _ 

One-mill  tax __ - - 

Surplus  dog  tax _ 

District  taxes _-. - 

Special  funds _ 

Total _ $- 

Dated  this day  of ,  18 

A B , 

Township  Clerk. 

FORM  No.  22. 

Certificate  by  the  Township  Clerk  to  the  Supervisor,  of  District  Taxes  to  be  Assessed. 

[See  Compiler's  Section  62.] 

Supervisor  of  the  Township  of -,  County  of : 

SIR— I  hereby  certify  that  the  following  is  a  correct  statement  of  moneys  proposed  to 


FORMS  OF  PROCEEDINGS. 


109 


be  raised  by  taxation  for  school  purposes  in  each  of  the  several  school  districts  of  this 
township,  as  the  same  appears  from  the  reports  of  the  district  boards  of  the  several 
districts  now  on  file  in  my  office: 


DISTRICTS. 

For  teachers' 
wages. 

For  building 
purposes. 

For  repairs. 

*i 

a  a 
h 

For  fuel. 

1- 

For  apparatus. 

For  incidental 
expenses. 

i 

I 

District  No.  1.. 

$-- 

$. 

$. 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

District  No.  2,  fr'l  

Which  amounts  you  will  assess  upon  the  taxable  property  of  each  of  said  districts  in 
accordance  with  the  provisions  of  law. 

Dated  this day  of ,  18 

A D , 

Township  Clerk. 


FORM  No.  23. 
Deed  to  School  District. 
[See  Compiler's  Section  35.J 

KNOW  ALL  MEN  BY  THESE  PRESENTS:  That  A _  B __,  and  C _  D , 

his  wife,  of  the  township  of _,  county  of__ _,  and  State  of , 

party  of  the  first  part,  for  and  in  consideration  of  the  sum  of _^  dollars, 

to  them  paid  by  the  district  board  of  school  district  No ,  of  the  township  of 

,  county  of.__ _ ,  and  State  of  Michigan,  the  receipt  whereof 

is  hereby  acknowledged,  do  hereby  grant,  bargain,  sell,  and  convey  to  school  district 

No aforesaid,  the  party  of  the  second  part,  and  their  assigns  forever,  the 

following  described  parcel  of  land  namely  [here  insert  description];  together  with  all 
the  privileges  and  appurtenances  thereunto  belonging,  to  have  and  to  hold  the  same  to 
the  said  party  of  the  second  part  and  their  assigns,  forever.  And  the  said  party  of  the 
first  part  for  themselves,  their  heirs,  executors,  and  administrators,  do  covenant,  grant, 
bargain,  and  agree,  to  and  with  the  said  party  of  the  second  part  and  their  assigns, 
that,  at  the  time  of  the  ensealing  and  delivery  of  these  presents,  they  were  well  seized 
of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute,  and  indefeasible 
estate  of  inheritance  in  the  law,  in  fee  simple,  and  that  the  said  lands  and  premises  are 
free  from  all  encumbrances  whatever;  and  that  the  above  bargained  premises,  in  the 
quiet  and  peaceable  possession  of  the  said  party  of  the  second  part  and  their  assigns, 
against  all  and  every  person  or  persons  lawfully  claiming  or  to  claim  the  whole  or  any 
part  thereof,  they  will  forever  warrant  and  defend, 

In  witness  whereof,  the  said  A B ,  and  C _  D ,  his  wife, 

party  of  the  first  part,  have  hereunto  set  their  hands  and  seals,  this  ..  day 

of ,18 

A B 

C D 

Signed,  sealed,  and  delivered  in  presence  of 

E F , 

G H 

STATE  OF , 

County  of 

On  this day  of in  the  year  one  thousand  eight  hundred  and 

,  before  me,  I K ,  a ,  in  and  for  said  county 

personally  appeared ,  and _ _,  his  wife,  to  me  known 


.,  [SEAL] 
,,[SEAL| 


110  APPENDIX  B. 


to  be  the  same  persons  described  in  and  who  executed  the  within  instrument,  who- 
severally  acknowledged  the  same  to  be  their  free  act  and  deed. 
Witness  my  hand  and  official  seal,  the  day  and  year  last  above  named. 

!.._ K ,  [SEAL.] 


FORM  No.  24. 

Lease  to  School  District. 
[See  Compiler's  Section  35.] 

KNOW  ALL,  MEN  BY  THESE  PRESENTS:    That  A B__ ,  of  the  town" 

ship  of ,  county  of_ ,  and  State  of ,  of  the  first 

part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unto  school  district  No. 
,  in  the  township  of ,  county  of ,  and  State  of  Mich- 
igan, party  of  the  second  part,  and  their  assigns,  the  following  parcel  of  land,  to-wit: 
[Here  insert  description]  with  all  the  privileges  and  appurtenances  thereunto  belonging; 

to  have  and  to  hold  the  same  for  and  during  the  term  of years  from  the 

day  of ,  18 And  the  said  party  of  the  second  part,  for  themselves  and 

their  assigns,  do  covenant  and  agree  to  pay  the  said  party  of  the  first  part,  for  the  said 

premises,  the  annual  rent  of dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals,  this. 

„.' day  of ,  18 

A ___  B ,  [SEAL.] 

Lessor. 

C ._ D ,  ) 

E _._  F ,  KSEAL.] 

G H ,  ) 

District  Board  of  School  District  No of  the  aforesaid  Township. 

Signed  and  sealed  in  the  presence  of 

I K _...., 

L...  .  M__ 


FORM  No.  25. 

Contract  for  Building  a  Schoolhouse. 
[See  Compiler's  Section  No.  85.] 

Contract  made  and  entered  into  between  A _  B of  the  township  of 

___,  in  the  county  of ,  and  State  of  Michigan,  and  C D , 

E F ,  and  G H ___,  composing  the  district  board  of  school 

district  No.___,  of  the  township  of ,  in  the  county  of ,  and  State  of 

Michigan,  and  their  successors  in  office. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is  hereby 

acknowledged,  and  of  the  further  sum  of dollars  to  be  paid  as  hereinafter 

specified,  the  said  A B hereby  agrees  to  build  a schoolhouse, 

and  to  furnish  the  material  therefor,  according  to  the  plans  and  specifications  for  the 
erection  of  said  house  hereto  appended,  at  such  point  in  said  district  as  said  district 
board  may  designate.  The  said  house  is  to  be  built  of  the  best  material,  in  a  substan- 
tial, workmanlike  manner,  and  is  to  be  completed  and  delivered  to  the  said  district 
board  or  their  successors  in  office,  free  from  any  lien  for  work  done  or  material  fur- 
nished, by  the day  of ,  18__.  And  in  case  the  said  house  is  not  finished 

by  the  time  herein  specified,  the  said  A B shall  forfeit  any  pay  to  the 

said  district  board  or  their  successors  in  office,  for  the  use  of  said  district,  the  sum  of 

dollars,  and  shall  also  be  liable  for  all  damages  that  may  result  to  said 

district  in  consequence  of  said  failure. 

The  said  district  board  or  their  successors  in  office,  in  behalf  of  said  district,  hereby 
agree  to  pay  the  said  A B the  sum  of ___dollars,  when  the  founda- 


FORMS  OF  PROCEEDINGS. 


Ill 


tion  of  said  house  is  finished;  and  the  further  sum  of _ _. .dollars  when  the 

walls  are  up  and  ready  for  the  roof;  and  the  remaining  sum  of dollars  when 

the  said  house  is  finished  and  delivered  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let,  transferred,  or  assigned 
without  the  consent  of  both  parties. 

"7itnes8  our  hands  this —day  of ,  18.__. 

A B , 

Contractor. 

C _D _, 

E _.  F , 

G H 

District  Board. 


FORM  No.  26. 

Contract  between  District  Board  and  Teacher. 
[See  Compiler's  Sections  38,  40,  56, 109,  and  128.] 

It  is  hereby  contracted^nd  agreed  between  the  district  board  of  school  district  No 

in  the  township  of ,  county  of __.,  and  State  of  Michigan,  and  A 

B ,a  legally  qualified  teacher  in  said  township,  that  the  said  A B 

shall  teach  the  school  of  said  district  for  the  term  of ...months,  commencing  on 

the day  of ,  18...;  and  the  said  A_._ B agrees  to  faith- 
fully keep  a  correct  list  of  the  pupils,  and  the  age  of  each  attending  school,  and  the 
number  of  days  each  pupil  is  present,  and  to  furnish  the  director  of  the  district  with  a 
correct  copy  of  the  same  at  the  close  of  the  school,  and  to  observe  and  enforce  the  rules 
and  regulations  established  by  the  district  board. 

The  said  district  board,  in  behalf  of  said  district,  agrees  to  keep  the  schoolhouse  in 
good  repair,  to  provide  the  necessary  fuel  to  keep  the  schoolhouse  in  comfortable  con- 
dition, and  to  pay  said  A B for  the  said  services  as  teacher,  to  be  faith- 
fully and  truly  rendered  and  performed,  the  sum  of dollars  per  month,  the 

same  being  the  amount  of  wages  above  agreed  upon,  to  be  paid  on  or  before  the 

day  of._ ,  18..:    Provided,  That  in  case  said  A B shall  be  dismissed 

from  school  by  the  district  board,  for  gross  immorality,  or  violation  of  this  contract, 
or  shall  permit  h... certificate  of  qualification  to  expire,  or  shall  have  said  certificate 
annulled  or  suspended  by  the  county  board  of  school  examiners  or  other  lawful 
authority,  h shall  not  be  entitled  to  any  compensation  from  and  after  such  annul- 
ment, suspension,  or  dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names,  this...  __day  of 

,18.... 

C _  D ,) 

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A _ B ,  Teacher. 


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APPENDIX   C 


RULES   FOE   SCHOOL   LIBRARIES. 


NOTE. — The  following  regulations  for  the  management  of  the  school  libraries  are  pre- 
pared in  accordance  with  the  provisions  of  Compiler's  Sections  3  and  115  of  the  general 
school  laws.  As  given  these  rules  are  suitable  for  township  libraries;  if  it  be  desired 
to  adapt  them  to  the  needs  of  district  libraries,  a  few  slight  changes  which  are  readily 
apparent,  will  be  necessary. 

1.  The  librarian  shall  have  charge  of  the  library,  and  keep  a  catalog 
of  all  the  books  belonging  to  the  library,  in  a  book  to  be  provided  for  that 
purpose. 

2.  Every  volume  in  the  library  shall  have  posted  on  the  inside  of  the 
cover  a  printed  label,  giving  the  name  of  the  township,  the  number  of  the 
volume,  and  the  fine  for  not  returning  it  within  the  specified  time,  and  for 
the  loss  of  or  injury  to  any  book. 

3.  Every  volume  loaned  shall  be  entered  by  the  librarian  in  a  book  to 
be  provided  for  that  purpose,  by  its  catalog  number,  with  the  day  on 
which  it  was  loaned,  the  name  of  the  borrower,  and  the  name  of  the  per- 
son  to  whom  it  is  charged  (see  regulation  5),  the  date  when  returned,  and 
condition  of  the  book,  and  the  fine  assessed  for  detention  or  injury  to  the 
book,  as  in  the  following  form: 


Date  of 
Delivery. 

No.  of  book 
Delivered. 

To  whom 
Delivered. 

To  whom 
Charged. 

When 
Returned. 

Condition 
when 
Returned. 

Fine  for 
Detention. 

Fine  for 
Injnry. 

.. 


4.     No  person  shall  be  allowed  to  have  more  than  one  volume  at  a  time, 
or  to  retain  the  same  longer  than  two  weeks;  nor  shall  any  person  who 
has  incurred  a  fine  imposed  by  these  regulations,  receive  a  book  while  such 
fine  remains  unpaid. 
15 


114  APPENDIX  C. 


5.  Books  may  be  loaned  to  minors  and  charged  to  their  parents,  guard- 
ians, or  other  persons  with  whom  they  reside,  who  shall  be  responsible  for 
the  books  under  these  regulations. 

6.  On  the  election  of  a  librarian,  his  predecessor  shall,  within  ten  days 
thereafter,  deliver  to  him  all  the  printed  and  manuscript  books,  pamph- 
lets, papers,  cases,  and  all  other  property  belonging  to  the  library  which 
was  in  his  custody,  for  which  the  librarian  shall  give  him  a  full  receipt, 
discharging  him  from  all  responsibility  therefor,  except  in  the  case  herein 
provided;  and  on  receiving  the  library  property,  the  librarian  shall  care- 
fully examine  all  books  and  other  property  appertaining  to  the  library;, 
and  if  any  loss  or  injury  shall  have  been  sustained,  for  which  a  fine  has 
not  been  imposed  by  his  predecessor,  or  for  which  a  fine  has  been  imposed 
but  not  certified  by  him  to  the  treasurer  of  the  board  of  school  inspectors, 
the  librarian  shall  certify  the  amount  thereof  to  said  treasurer,  who  shall 
collect  the  same  of  such  predecessor  in  the  same  manner  as  other  fines 
are  collected. 

7.  In  case  of  vacancy  in  the  office  of  librarian,  the  township  clerk  shall 
perform  the  duties  of  librarian,  until  the  vacancy  is  filled. 

8.  If  any  person  having  held  the  office  of  librarian,  shall  neglect  or 
refuse  to  deliver  to  his  successor  all  the  library  property,  as  prescribed  in 
the  sixth  regulation,  the  treasurer  of  the  board  of  school  inspectors  shall 
forthwith  commence  an  action  in  the  name  of  the  township  for  the  recov- 
ery of  the  property  he  shall  so  neglect  or  refuse  to  deliver. 

9.  On  the  return  of  every  book  to  the  library,  the  librarian  shall  exam- 
ine it  carefully,  to  ascertain  what  injury,  if  any,  has  been  sustained  by  it,, 
and  shall  charge  the  amount  of  the  fine  accordingly. 

10.  The  following  fines  shall  be  assessed  by  the  librarian  as  herein 
provided: 

First,  For  detaining  a  book  beyond  two  weeks,  five  cents  per  week; 

Second,  For  the  loss  of  a  volume,  the  cost  of  the  book;  and,  if  one  of  a 
set,  an  amount  sufficient  to  purchase  a  new  set; 

Third,  For  a  leaf  of  the  text  torn  out  or  lost,  or  so  soiled  as  to  render 
it  illegible,  the  cost  of  the  book;  and,  if  one  of  a  set,  the  cost  of  a  new 
set; 

Fourth,  For  an  injury  beyond  ordinary  wear,  an  amount  proportionate 
to  the  injury,  to  be  estimated  by  the  librarian,  subject  to  revision,  upon 
appeal,  by  the  board  of  school  inspectors; 

Fifth,  Whenever  any  book  shall  not  be  returned  within  six  weeks  from 
the  time  it  was  loaned,  it  shall  be  deemed  to  be  lost,  and  the  person  so 
detaining  it  shall  be  charged  with  its  cost  in  addition  to  the  weekly  fine 
for  detention,  up  to  the  time  such  charge  is  made.  But  if  the  book  be 
finally  returned,  the  charge  for  loss  shall  be  remitted;  and  the  fine  for  not 
returning  the  book  shall  be  levied  up  to  the  time  of  such  return:  Pro- 
vided, That  in  no  case  shall  the  amount  of  weekly  fines  exceed  double  the' 
cost  of  the  book. 

11.  On  the  third  Monday  of  August,  November,  February,  and  May, 
and  also  immediately  before  he  vacates  his  office,  the  librarian  shall  report 
to  the  treasurer  of  the  board  of  school  inspectors,  the  name  of  every  per- 
son liable  for  fines  and  the  amount  each  of  such  persons  is  liable  to  pay; 
and  said  treasurer  shall  immediately  proceed  to  collect  the  same  and,  if 


RULES  FOR  SCHOOL  LIBRARIES. 


lio- 


paid, he  shall  forthwith  bring  an  action  in  the  name  of  the  township 
for  the  recovery  thereof. 

12.  The  library  fines  collected  shall  first  be  applied  to  the  replacing  of 
lost    volumes,   binding  pamphlets,   and   rebinding    such   books   as    may 
require  it. 

13.  On  the  first  Monday  of  September  in  each  year,  the  librarian  shall 
report  to  the  township  board  of  school  inspectors  as  follows: 

First,  The  number  of  volumes  in  the  library; 

Second,  The  number  of  volumes  purchased  during  the  year; 

Third,  The  number  of  volumes  presented  during  the  year; 

Fourth,  The  number  of  volumes  loaned  during  the  year  [counting  each 
volume  once  for  each  time  it  is  loaned]; 

Fifth,  The  amount  of  fines  assessed; 

Sixth,  Such  other  items  as  the  board  of  school  inspectors  may  require 
for  their  annual  report  to  the  Superintendent  of  Public  Instruction. 


INDEX. 


INDEX. 


CTS:  Page 

of  school  inspactors'  reports,  §  1 10 

ACCEPTANCE  OF  OFFICE: 

filed  with  and  recorded  by  director,  §§  82, 108, 199 20,  44,  73 

neglect  to  file  vacates  office,  §  29 19 

penalty  for  failing  to  file,  §  14L. 56 

ACCOUNTS: 

of  director,  §§  48, 109 1 25,45 

inspectors,  §  57 29 

members  of  board  of  school  examiners,  §  135 54 

ACTION: 

against  school  districts,  §§  82,  88 36 

relative  to  obtaining  site,  §§  89-108 37-42 

ADJOUBNMENTS: 

of  district  meeting,  §  27 17 

proceedings  to  obtain  site,  §  99 41 

ADMISSION  OF  PUPILS: 

non-resident,  §  48 24 

resident,  §  45 23 

to  high  school,  §  109 44 

kindergarten,  S  215 77 

AGE: 

school,  §§  45, 197,  215 28,72,77 

at  which  education  is  compulsory,  8  182 65 

AGENTS  FOB  SCHOOL  BOOKS.  ETC.: 

officers,  superintendents,  and  teachers  not  to  act  as,  §§  186, 148 55,57 

AGRICULTURAL  SCHOOL: 

examination  for  admission  to,  §  223 79 

to  be  provided,  con.  prov.,  art  xiii,  sec.  11 9 

ALIENS: 

not  eligible  to  office,  §  31 20 

ALTERATION: 

in  boundaries  of  districts,  SS  15-18 13,14 

graded  school  districts,  §§  110 45 

township  school  districts,  g  212 76 

of  schoolhouse  sites,  g  89 87 

(See  School  District ;  also,  Township  Board  of  Inspectors.) 
ANNUAL  MEETINd: 

(See  District  Meetings.) 
ANNULMENT  OF  CERTIFICATES; 

by  county  board  of  school  examiners,  §  132 52 

faculty  of  University,  g  217 77 

State  Board  of  Education,  ^  167, 168, 170,  218...  62,  63,  78 


120  INDEX. 


Page 
APPARATUS: 

director  authorized  to  purchase,  848... 25 

tax  may  be  voted  for  the  purchase  of ,  §  27 18 

APPEAL: 

from  inspectors  to  township  board,  §§  104-106 42,  43 

APPENDAGES  TO  SCHOOLHOUSE: 

lax  may  be  voted  for  procuring,  §  27... 18 

to  be  provided  by  director,  §  48  .. _ 25 

APPOINTMENT: 

of  building  committee,  §  27 18 

clerk  of  meeting  in  director's  absence,  §§  27,  200 17,  78 

conductor  of  teachers'  institute,  §  159 60 

county  commissioner  of  schools  in  case  of  vacancy,  §  187 55 

deputy  superintendent  of  public  instruction,  §  2 10 

district  officers  in  case  of  vacancy,  §  30 19 

trustees  in  case  of  vacancy,  §§  108,  201 44,  78 

first  meeting  of  a  district,  §§  9, 197 .• 12,  71 

librarian  of  township  library,  §  117 47 

member  of  board  of  school  examiners  in  case  of  a  vacancy,  §  126._ .'       49 

person  to  take  school  census,  §§  49,  204 25,  74 

State  officers  in  case  of  a  vacancy,  con.  prov.,  art.  viii,  sec.  8 8 

truant  officers,  §  183 66 

APPORTIONMENT: 

of  library  moneys,  §  123 , 48 

moneys  collected  in  fractional  districts,  §74 83 

on  division  of  a  district,  §§  71,  212 33,  76 

raised  by  taxes,  §64 w 30 

to  districts  by  township  clerk,  §63 30 

one-mill  tax,  §  66  „.; 81 

primary  school  interest  fund,  §§4-6 11 

county  clerk's  duties,  §  76 84 

treasurer's  duties,  §  77 34 

property  on  division  of  a  district,  §§  19,  20,  212... 14, 15,  76 

tax  assessed  before  and  collected  after  division  of  districts,  §  71 33 

township  treasurer's  duties  in  relation  to,  §  64 30 

ASSESSMENT  OF  TAXES: 

(See  Taxee.) 
ASSESSOR: 

acceptance  of  office,  §§  32, 108 20,  44 

a  member  of  district  board,  §  38 _ 20 

board  of  inspection  at  election  to  vote  bonds,  §  78 .  35 

•  and  moderator  to  audit  director's  accounts,  §48 25 

bond  required,  §  52 27 

election  and  term  of  office  of  ,§§  28, 108 - 19.  44 

may  be  removed  from  office,  §  147 57 

money  paid  to,  from  old  district,  §67 --       32 

penalty  for  neglecting  duties,  §  141 56 

summons  to  be  served  on,  in  suits,  §83 _ 36 

to  appear  for  district  in  suits,  §  52 27 

certify  judgment  against  district  to  supervisor,  §§  85-87 _ 36 

collect  damages  from  township  clerk  or  supervisor,  §  148 54 

keep  record  of  receipts  and  expenditures,  §  52 27 

pay  orders,  legally  drawn,  from  proper  funds,  §  52 27 

report  to  district  board  receipts  and  disbursements,  §  52 27 

warrants  on  township  treasurer  payable  to,  §48 _ 25 

(See  District  Board;  also,  Moneys.) 


INDEX.  121 

Page 
RATIONS: 

teachers  may  form,  §§  171-173 63,64 

ASYLUMS: 

for  deaf,  dumb,  and  blind,  con.  prov.,  art,  xiii,  sec.  10 9 

ATTACHMENT: 

to  enforce  attendance  in  certain  proceedings,  §93 38 

ATTENDANCE: 

of  jurors  and  witnesses  on  certain  proceedings,  §§  93,  94. 88,  39 

BALLOT: 

election  of  officers  to  be  by,  §§  28,  78, 107, 198 19,  35,  44,  72 

BLIND: 

institution  for,  con.  prov.,  art.  xiii,  §  10 9 

BOARD,  DISTRICT: 

(See  District  Board.) 
BOARD  OF  EDUCATION: 

(See  State  Board  of  Education.) 
BOARD  OF  INSPECTION: 

at  election  to  vote  on  issuance  of  bonds,  §  78 85 

BOARD  OF  INSTRUCTION: 

of  State  Normal  School  may  grant  certificates,  §§  167, 168 62 

BOARD  OF  REGENTS: 

of  university,  con.  prov.,  art.  xiii,  sec.  7 8 

BOARD  OF  SCHOOL  EXAMINERS: 

(See  County  Board  of  School  Examiners.) 
BOARD  OF  SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 
BOARD  OF  TRUSTEES  IN  GRADED  SCHOOL  DISTRICTS: 

consent  of,  to  be  obtained  to  alteration  in  district,  §  110 45 

election  and  term  of  office  of ,  §  107 44 

officers  of ,  §  108 _ 44 

powers  and  duties  of ,  §  109 44 

vacancy  in,  how  filled,  §  108 44 

(See  District  Board ;  Graded  School  Districts ;  also  Township  Districts  ) 
BOARD,  TOWNSHIP: 

(See  Township  Board.) 
BOARDS: 

when  authorized  to  examine  teachers,  to  collect  fees,  §156 _'__.. 59 

BOND: 

liability  of  county  treasurer  on,  §96 40 

(of  appellants  from  inspectors' action,  §  105 42 
assessor,  §52 ... 27 

chairman  of  board  of  school  inspectors,  §54 ."...       28 

county  commissioner  of  schools,  §  127 '.       50 

treasurer  of  township  board  of  education,  §  200 78 

BONDS: 

election  to  vote  on  issuance  of ,  §  78 34 

limitations  of,  §78. . 84 

may  be  issued  for  money  borrowed,  §  78 34 

paid  by  issuing  further  bonds,  §81 35 

tax  may  be  voted  to  redeem,  §80 35 

BOOKS,  LIBRARY: 

(See  Libraries*) 
BOOKS  OF  RECORD: 
(See  Records.) 
BOOKS,  SCHOOL: 

(See  Text  Books.) 


122  INDEX. 


Page 
BOUNDARIES  OF  DISTRICTS: 

alterations  in,  §§15-18 13,14 

described  in  first  notice,  §9 12 

map  to  be  made  showing,  §61 29 

of  graded  school  districts,  §  110 45 

township  school  districts,  §  212 _ 76 

(See  School  Districts;  also  Township  Board  of  School  Inspectors.) 
BUILDING  COMMITTEE: 

voters  may  appoint  and  prescribe  duties,  §  27__ _ 18 

BUILDINGS: 

(See  Schoolhonses.) 
BY-LAWS: 

(See  Regulations.) 
CENSUS  OF  SCHOOL  DISTRICTS: 

when  and  how  taken,  §§49,  204.. 25,74 

time  of  taking  not  to  be  changed,  §  21 15 

CERTIFICATE: 

of  court  in  proceedings  to  obtain  site,  §  94 , _ 39 

inspectors  on  establishing  site,  §  89 : 37 

instruction  in  physiology,  etc.,  to  be  filed  by  teacher,  §  42 23 

copy  to  be  filed  by  director  with  township  clerk,  §  42 28 

to  supervisor,  of  taxes  to  be  assessed,  §§  62,  68,  205 30,  32,  75 

township  clerk,  of  district  taxes,  §  37 21 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS: 

fee  to  be  paid  on  obtaining,  §  156 _ 59 

given  by  county  board  of  school  examiners,  §§  130, 131 51,  52 

faculty  of  University,  §217 77 

State  Board  of  Education,  §§  170,  218 63,  78 

Normal  School,  §  167 62 

grades  of,  and  requisite  qualifications  to  obtain,  §  181 51,  52 

list  of  teachers  having,  to  be  furnished  township  clerk,  §  138 53 

necessity  of  having  to  entitle  to  pay,  §  40 22 

record  of  to  be  kept  by  county  commissioner  of  schools,  §  133 53 

renewal  of  by  board  of  examiners,  §  130 _ 51 

revocation  or  suspension  of,  §§  132, 170,  217 52,  68,  77 

signed  by  commissioner  and  one  member,  §  130 51 

two  classes  of  third  grade,  §  181 52 

CHAIRMAN: 

of  board  of  school  inspectors,  §  53 28 

compensation  of,  §  183 66 

duties  relative  to  supervision  of  schools,  §  134 _ 54 

to  give  bond,  §  54 f_ 28 

first  meeting  of  district,  §§  9, 140 12,56 

meeting  may  arrest  disorderly  person,  §  26 17 

be  appointed  in  absence  of  moderator,  §  27 _ 17 

to  give  oath  to  challenged  voter,  §  25.. 18 

CHALLENGE:: 

of  voter  at  district  meetings,  §  25 16 

juror  in  proceedings  to  obtain  site,  §93 _ —       88 

CHILDREN: 

census  list  of,  §§49,204 25,74 

compulsory  education  of  ,§§  182-189 65-68 

duties  of  police  officers  with  respect  to,  §  183 66 

(dee  Pupils.) 

CLASSIFICATION  OF  PUPILS: 
(See  Pupils.) 


INDEX. 


123 


Page 


tK: 


of  board  of  school  inspectors,  §§53,59 28,29 

county.    (See  County  Clerk.) 

district,  director  to  be,  §  48 _ 24 

township.    (See  Township  Clerk.) 
COLLECTION: 

of  damages  for  not  reporting  and  assessing  taxes,  §  146 57 

fines  for  injuring  library  books,  §  116 47 

institute  fees  from  teachers,  §  156 59 

judgment  against  district,  §§  84-88 38 

penalties,  §§  143, 148 58,  57 

taxes,  §§  65,  74 '_ 80,38 

COMMITTEE  ON  BUILDING; 

voters  may  appoint  and  prescribe  duties,  §  27 18 

COMMUNICABLE  DISEASES: 

teaching  prevention  of,  §§  221,  222 -  79 

COMPENSATION: 

for  site  determined  by  jury,  §94 _ 39 

of  inspectors  for  meetings,  limited,  §  58 29 

members  of  county  board  of  school  examiners,  §  135 _..  54 

Board  of  Education,  §  211 76 

officers  and  jurors  in  proceedings  to  obtain  site,  §  102 41 

in  school  districts,  §§  27, 109,  211 17,  45,  76 

county  commissioner,  §  135 54 

teachers,  §§  40, 109,  204 22,45,76 

COMPULSORY  EDUCATION: 

age  at  which  compulsory,  §  182 65 

children  exempted,  §  182 65 

to  be  sent  to  reformatory  institutions,  §§  188,  206 68,  69 

establishment  of  ungraded  schools,  §  185 . 67 

incorrigible  children  in  graded  schools  to  be  sent  to  ungraded,  §  186 87 

judge  may  suspend  sentence  in  certain  cases,  §  188 _ 68 

length  of  time  to  be  sent  to  school,  §  182 _ 66 

penalty  for  failure  to  comply  with  law,  §  184 68 

school  boards  to  furnish  books  in  certain  cases,  §  43 28 

who  are  truants  under  this  act,  §§  186, 190 67,  88 

CONDUCTOR: 

of  teachers' institutes,  §  1S9 69 

CONSOLIDATION  OF  DISTRICTS: 

(See  School  Districts ;  also,  Township  Board  of  School  Inspectors.) 
CONSTITUTIONAL  PROVISIONS: 

Agricultural  School,  art.  xiii,  sec.  11 9 

districts  may  be  deprived  of  public  moneys,  art.  xiii,  sec.  5 8 

escheats  of  lands  to  the  State,  art.  xiii,  sec.  3 7 

finance  and  taxation,  art.  xiv,  sec.  1 9 

free  echools  to  be  maintained,  art.  xiii,  sees.  4,  5 7,  8 

institutions  for  deaf ,  dumb,  and  blind,  art.  xiii,  sec.  10 9 

libraries  to  be  provided,  art.  xiii,  sec.  12 9 

regents  of  the  University,  art.  xiii,  sees.  6-8 8 

school  funds,  art.  xiii,  sec.  2 7 

State  Board  of  Education,  art.  xiii,  sec.  9 8 

officers  to  be  elected,  art.  viii,  sec.  1 6 

Cterm  of  office,  art.  viii.  sec.  2 8 

vacancy  in  office,  how  filled,  art.  viii,  sec.  3 6 

where  to  keep  offices,  art.  viii,  sec.  1 6 
>NTRACT: 

with  teachers,  §§  40, 109,  204 22,  45,  74 


124  INDEX. 


Page 
CORPORATE  POWERS: 

of  districts,  §  14 13 

teachers' associations,  §178 64 

CORPORATIONS: 

teachers  may  form,  §§  171-173 63,64 

COUNTY  BOARD  OF  SCHOOL  EXAMINERS: 

compensation  of  members  of,  §  185 54 

county  clerk's  duties  in  relation  to  election  of,  §  126 49,  50 

dnties  of  county  commissioner,  §133 53,  54 

election  and  term  of  office  of ,  §  126 49 

grades  of  certificates  issued  by,  §  181 51,  52 

may  hold  special  meetings,  §  129 .*. . 50 

suspend  or  revoke  certificates,  §  182 52 

schedule  of  meetings  for  special  examinations  to  be  published,  §  129 51 

file  oaths  of  office,  §  126 49 

meetings  for  examination  of  teachers,  §129 _ 50 

to  whom  certificates  may  be  granted,  §  130 _ 51 

vacancies  in  board,  how  filled,  §§  126, 137 49,55 

what  schools  exempt  from  supervision  of,  §  138 55 

when  officers  in  certain  districts  may  examine  teachers,  §  138 55 

(See  Chairman  of  Board  of  Inspectors;  also  County  Commissioner  of  Schools.) 
COUNTY  CLERK: 

duties  in  proceedings  to  obtain  site,  §§  97,  98 40 

relation  to  apportionment  of  moneys,  §§76, 122 84,  48 

election  of  school  examiners,  §  126 49 

county  commissioner  of  schools,  §  127 50 

inspectors'  reports,  §§  76, 144,  203 84,  56,  74 

to  draw  order  on  county  treasurer  for  institute  moneys,  §  160 61 

receive  and  dispose  of  communications,  etc.,  sent  by  State  Superintendent,  §  75 34 

COUNTY  COMMISSIONER  OF  SCHOOLS: 

compensation  of,  §135 _. 54 

duties  of  ,§  133 52 

counsel  with  teachers,  §  183 53 

examination  of  candidates  for  admission  to  Agricultural  College,  §§  223,  224 79 

examinations,  hold,  §  129.. 50 

keep  record  of,  §  138 58 

prepare  schedule  of ,  §  129 _..       51 

file  acceptance  of  office  and  bond,  §  126 49 

furnish  list  of  teachers,  §  133 _. 53 

receive  annual  reports,  §  183 53 

institute  fees,  §  133 58 

instructions  from  superintendent,  §  183 58 

shall  sign  certificates,  §  180 51 

visit  schools,  §  183 53 

election  of,  §  126 49 

eligibility  to  office,  §  128 50 

grant,special  certificates,  §  131 _ 52 

may  renew  certificates,  §  130 51 

not  act  as  agent,  §  136 55 

vacancy  in  office  of ,  §  187 55 

COUNTY  INSTITUTES: 

(See  Teachers'  Institutes.) 
COUNTY  TREASURER: 

liability  on  bond,  §96 39 

money  for  site  deposited  with,  §§  96, 101 89,41 

statements  of  apportionment  filed  with,  §§  76, 122 ....34,48 

to  apply  to  State  treasurer  for  certain  moneys,  §  77 84 


INDEX. 


125 


Page 
UNTY  TREASURER-Confmued; 

to  apportion  library  moneys,  §  122 48 

notify  township  clerk  and  treasurer  of  moneys,  §  77 34 

pay  teachers'  institute  fund  on  order  of  clerk,  §  160 60 

township  treasurer  township  moneys,  §77 84 

set  apart  institute  fees  as  institute  fund,  §  157 60 

vouchers  for  payment  at  teachers'  institutes  filed  with,  §  163 61 

COURSE  OF  STUDY: 

to  be  prescribed  for  schools,  §§  42, 109 22,44 

CRIMES  AND  OFFENSES: 

disturbing  district  meeting,  §  26 17 

school,  §44 23 

illegal  uee  of  moneys,  §  180 65 

(See  Penalties) 
DAMAGES: 

to  be  collected  from  certain  officers  for  neglect  of  duties,  §  148.. _ 57 

books  in  libraries,  §  116 48 

DEAF,  DUMB,  AND  BLIND: 

institutions  for,  con.  prov.,  art,  xiii,  sec.  10 _ 9 

DECISIONS  OF  SUPREME  COURT: 

(See  Digest  of  Supreme  Court  Decisions.) 
DEED: 

to  schoolhoose  site,  §35 20 

DELIVERY  OF  BOOKS,  ETC.,  TO  SUCCESSOR  IN  OFFICE: 

by  assessor  of  district,  §52 28 

director  of  district,  §48 25 

Superintendent  of  Public  Instruction,  §  7 11 

DEPUTY  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

appointment  and  duties  of,  §2.. 10 

DIAGRAM: 

(See  Maps.) 
DIGEST  OF  SUPREME  COURT  DEClSIONS:-(AppendixA.) 

admission  of  colored  children  to  school,  ^[  118. _ 94 

appeals  from  action  of  inspectors,  tf*[  5-11 82,  83 

district  moneys,  warrants,  and  orders,  Iffi  50-78 87-90 

graded  and  high  school  districts,  H«[  185-143 96,97 

liabilities  of  school  districts,  «;'[  97-111 92,93 

library  moneys, '[r  144-146 97 

miscellaneous,  •:*;  147-171.. 97-100 

organization  of  school  districts,  HIT  25-49 84-87 

powers  of  board  of  school  inspectors,  *ffi  1-4 82 

township  board,  •;»[  12-24 88,  84 

school  sites  and  schoolhonsee,  H«i  114-134 94-96 

teachers'  contracts  and  certificates,  Vf  79,96 90 

tuition  of  non-resident  pupils,  !1 112 93 

DIPLOMAS: 

to  graduates  of  the  State  Normal  School,  §§  167, 168....^ 62 

DIRECTOR: 

acceptance  of  office,  §8  32, 108 20,44 

account  of  ,§§  48, 109 25,45 

a  member  of  district  board,  §  83 20 

board  of  inspection,  at  election  to  issue  bonds,  §  78 35 

and  moderator  to  certify  payments  to  supervisor,  §67 82 

approve  bond  of  assessor,  §  52 27 

execute  bonds  of  district,  §  79 35 

appointment  of,  in  case  of  vacancy,  §  30 19 

clerk  in  absence  of ,  §  27...  17 


126  INDEX. 


Page 
DIRECTOR— Continued  : 

election  and  term  of  office  of  ,§§  28, 108 19,44 

of  fractional  district,  to  whom  to  report,  §  51 26 

judgment  certified  to,  by  assessor,  §85 36 

may  be  removed  by  township  board,  §  147 _ 57 

penalty  for  neglect  to  accept  office  or  perform  duties,  §  141 56 

reports  of,  to  be  filed  with  township  clerk,  §  50 26 

record  of,  relative  to  organization  of  district,  §  13 _ 18 

to  be  clerk  of  district,  §§  48,  200 24,73 

furnished  with  register  of  school,  §  40 22 

notified  of  alterations  in  district,  §  18 14 

moneys  to  be  apportioned,  §  64 30 

site  fixed  by  inspectors,  §  89 37 

draw  and  sign  warrants  and  orders,  48 25 

file  census  list  with  township  clerk,  §  49 25 

certificate  of  instruction  in  physiology,  etc.,  with  township  clerk,  §  42 23 

give  notices  of  meetings,  §48 24 

have  custody  of  schoolhouse  and  property,  §  41 _ 22 

keep  account  of  expenses,  §  48 25 

echoolhouse  in  repair,  §48 _• 25 

make  reports  to  inspectors,  §  50. _ 26 

present  estimates  to  annual  meeting,  §  48__ ". 25 

warrants  aud  orders  to  moderator  to  be  countersigned,  §  48 25 

provide  appendages  to  schoolhonses,  §48 25 

record  acceptances  of  offices,  §32 20 

notice  of  first  meeting,  §  8 '. 12 

take  annual  school  census,  §49 25 

(See  District  Board.) 
DISORDERLY  PERSONS: 

to  be  taken  into  custody,  §  26 17 

juvenile,  who  constitute,  §§  186,  205 67,  68 

DISTRIBUTION  OF  MONEYS: 

(See  Apportionment.) 
DISTRICTS,  SCHOOL: 

(See  School  Districts.) 
DISTRICT  BOARD: 

acceptance  of  office  by  members,  §§  32, 108, 199 20,  44,  73 

appointment  to  vacancy  in,  §§30, 108,  201 19,  44,  78 

director  to  be  clerk  of  ,§§  48,  200 24,73 

election  and  terms  of  office  of  member,  §§  28, 107, 198 19,  44,  72 

may  admit  non-resident  pupils,  §46 24 

appoint  persons  to  take  school  census,  §§49,  204 25,  74 

classify  pupils,  §§45,109 24,44 

determine  certain  matters  when  meeting  fails,  §§  27,  205 18,  75 

donate  or  sell  library  books  to  township  library,  §  125 48 

fix  rates  of  tuition  to  non-resident  pupils,  §  46 24 

suspend  orexpel  disorderly  pupils,  §44 _ _ 28 

to  apply  for  jury  in  suit  to  obtain  site,  §90 37 

moneys  according  to  law,  §  88 21 

build,  hire,  or  purchase  schoolhouse,  §§  35,  204 20,  74 

call  meetings  of  district,  §  22 15 

establish  rules,  etc.,  for  school,  §§  44,  204 23,  74 

estimate  amount  for  support  of  school,  §  36 20 

have  care  of  schoolhouse  and  property,  §  41 22 

management  of  district  library,  §§  119,  204 47,  74 

hire  teachers,  §§  40, 109 22,46 

make  statement  of  finances  to  annual  meeting.  §§89,  208 21,  75 


INDEX. 


127 


Page 
DISTRICT  BOARD-Conttnu«d: 

to  not  pay  money  to  unqualified  teachers,  g  38 21 

prescribe  text-books  and  courses  of  study,  §  42 22 

provide  for  instruction  in  physiology,  etc.,  §  42 22 

school,  §  27 18 

kindergarten,  §  213 76 

purchase  books  for  indigent  children,  §  43 23 

or  lease  site  for  schoolhouse,  §§  35,  804 20,  74 

United  States  flags,  §  225 80 

report  taxes  to  be  assessed,  §  37 21 

sell  site  or  property  of  district  when  not  needed,  §  85 20 

trustees  in  graded  school  districts,  §§  107-110 43-45 

township  school  districts,  §  198 72 

vacancy  in,  how  filled,  §§  30, 108,  201 19,44,78 

what  to  occasion,  §  29 19 

when  may  issue  bonds,  §  79 _ 85 

to  exclude  public  meetings  from  schoolhouse,  §  41 _ 22 

who  are  eligible  to  office  in,  §  81 20 

to  constitute,  §§  33, 107, 198 20,  44,  72 

(See  District  Officers,) 
DISTRICT   LIBRARIES: 

(See  Libraries.) 
DISTRICT  MEETINGS: 

annual,  board  to  make  financial  report  to,  §  89 __.       21 

estimates  of  expenses  to  be  presented  to,  §§  48,  208 25,  75 

in  case  of  failure,  what  board  to  determine,  §§  27,  205 18,  75 

powers  of,  §§  27, 109 17,  44 

when  to  be  held,  §§  21,  200 15,  73 

challenging  votes,  §  25 _ 16 

clerk  and  chairman  may  be  appointed  in  absence  of  director  and  moderator,  §§  27,  200 17,  78 

director  to  give  notice  of  ,§  48 24 

disorderly  persons  at,  §  26 17 

election  of  officers,  §§  28, 107, 198 19,44,72 

formation  of  a  new  district,  §§  9, 197 12,  71 

limit  of  taxes  that  may  be  voted,  §§  27,  205 18,  75 

may  vote  on  issuance  of  bonds,  §  78 35 

tax  to  pay  money  borrowed,  §80 35 

moderator  to  preside,  §  47 24 

notice  of,  what  to  specify,  §§  22,  23 15 

proceedings  to  be  recorded,  §  48 24 

special,  may  be  called,  §  22 15 

notice  to  indicate  the  business,  §  22 15 

to  determine  use  of  schoolhouse,  §  4L- 22 

direct  sale  of  property,  §  27 18 

fill  vacancy  in  district  office,  §  30 19 

give  directions  regarding  suits,  §  27 18 

voters  at,  when  challenged,  §  25 16 

may  designate  site,  §89 37 

whoare,  §24 16 

DISTRICT  OFFICERS: 

acceptance  of  office,  §§  32, 108,  199 20,44,  7S 

appointment  of,  §§  30, 108,  200 19,  44,  73 

compensation  of,  §§  27,  48,  211 18,  25,  76- 

election  and  terms  of  office  of ,  §§  28,107,198 .....19,44,72 

may  be  removed  by  township  board,  §  147 57 

penalty  for  neglect  to  accept  or  perform  duties,  §  141 5ft 

who  are  eligible  to  election  to  office,  §  31 20 

(See  Assessor,  Director,  Moderator;  also  District  Board.) 


128  INDEX. 


Page 
DISTRICT  SCHOOLS:  , 

(See  Schools.) 
DISTRICT  TAXES: 
(See  Taxes.) 
DISTURBING  DISTRICT  MEETING  OR  SCHOOL: 

penalty  for,  §§  26,  44 17,23 

DIVISION  OF  DISTRICT: 

(See  School  Districts ;  also  Township  Board  of  Inspectors.) 
DOG  TAX,  SURPLUS: 

apportionment  of ,  to  school  districts,  note._ _ 80 

EDUCATION: 

constitutional  provisions,  art.  xiii,  sees.  1-12 7,  9 

ELECTION: 

if  not  held,  inspectors  to  appoint  officers,  §§  30, 108 19,  44 

of  district  officers,  §§  28, 108, 198 _' 19,  44,  72 

members  of  county  boards  of  school  examiners,  §  128 49 

State  Board  of  Education,  con.  prov.,  art.  xiii,  sec.  9 8 

school  inspectors,  §§  151, 155 58,  59 

State  officers,  con.  prov.,  art.  viii,  sec.  1 _ 6 

regulations  at  election  to  vote  on  issuance  of  bonds,  §  78 34 

who  are  eligible  to  election  to  office,  §§  31,  155 20,59 

legal  voters  at  elections,  §  24 16 

ELECTORS: 

who  are  qualified,  §  24 .' 10 

ELIGIBILITY  TO  OFFICE: 

in  districts,  §  31 20 

townships,  §  155 59 

EMPLOYMENT: 

of  officers,  etc.,  §  109 _ 44 

persons  to  take  school  census,  §  49 25 

teachers,  §§  40, 109,  204,  214 22,  45,  74,  77 

ENGLISH  LANGUAGE: 

instruction  to  be  conducted  in,  con.  prov.,  art.  xiii,  sec.  4 7 

ENUMERATION  OF  CHILDREN: 

(See  Census.) 
EQUALIZATION  OF  TAXES: 

by  supervisors,  §  68 32 

ESTIMATES: 

of  amounts  to  be  raised  by  tax,  §§  36,  48,  205 20,  25,  75 

EVIDENCE: 

in  proceedings  to  obtain  site,  §  90 37 

of  organization  of  district,  §  13 p 13 

regularity  in  proceedings  to  remove  officers,  §  147 57 

EXAMINATIONS: 

of  applicants  for  admission  to  Agricultural  College,  §§  228,  224 79 

State  certificates,  §  170 63 

inspectors' reports  by  county  commissioner,  §  133 53 

proposed  site  by  jury,  §  94 39 

teachers  by  county  board  of  examiners,  §§  129, 130, 138 50,  51,  55 

officers  in  certain  districts,  §  188 55 

State  Board  of  Education,  §  170 63 

fees  to  be  collected,  §  156 59 

meetings  for,  §  129 50 

questions  for  examination  of  teachers,  §  130 51 

EXAMINERS: 

of  teachers  to  collect  fees,  §  156 59 

to  pay  fees  to  county  treasurer,  §  157 59 

(See  County  Board  of  School  Examiners.) 


INDEX. 


129 


Page 
CUTION: 

not  to  issue  against  school  district,  §  84 86 

EXPENSES: 

estimate  of,  to  be  presented  at  annual  meeting,  §§  48,  i»08 25,  75 

incidental,  estimated  by  board,  §  86 20 

of  director,  how  paid,  §§  48, 109 25,45 

inspectors,  limited,  §  58.. _ 29 

State  institute,  how  paid,  §  162 _ 61 

teacher's  institutes,  §  160 60 

vouchers  for,  where  filed,  §  168 61 

FEES: 

to  be  paid  by  teachers  on  obtaining  certificates,  §  156 59 

collected  by  director  and  secretary,  §  157 59 

FEMALES: 

eligible  to  district  offices,  §  31 20 

office  of  township  school  inspector,  §  155 59 

may  vote  at  school  district  meetings,  §24 _ 16 

FINES: 

for  breach  of  penal  laws,  con.  prov.,  art.  xiii,  sec.  12 9 

apportionment  of,  §  123 48 

damages  done  to  library  books,  §  116 46 

disturbing  district  meeting,  §26 '. 17 

school.  §44 23 

(See  Penalties.) 
FLAGS: 

purchase  of  United  States,  §  225 80 

FORFEITURES: 

(See  Penalties.) 
FORMATION: 

of  districts.    (See  School  Districts;  also  Township  Board  of  Inspectors.) 

teachers'  associations,  §§  171-173 63,  64 

FORM  OF  OATH: 

to  challenged  voter,  §  25 16 

FORMS  FOR  PROCEEDINGS-Uppend/a;£): 

of  acceptance  of  office,  No.  5 103 

appointment  of  district  officer  by  district  board,  No.  14 106 

inspectors,  No.  15 106 

assessor's  bond  No.  6 103 

bond  of  chairman  of  board  of  inspectors,  No.  13 105 

certificate  of  inspectors  on  establishing  site,  No.  17 107 

to  township  clerk  of  tazea,  No.  12 105 

supervisor  of  taxes,  No.  22 108 

contract  for  building  schoolhouse,  No.  25 110 

with  teacher,  No.  26 Ill 

deed  to  schoolhonee  site,  No.  23 109 

lease  to  school  district,  No.  24 110 

notice  of  annual  meeting,  No.  7 103 

first  meeting  in  school  district,  No.  2... 102 

meeting  of  inspectors,  No.  16 106 

special  meetings  in  district,  No.  9 104 

to  director  of  alteration  in  district,  No.  4 102 

moneys  apportioned  district,  No.  21 ---  108 

inhabitant  of  formation  of  district,  No.  1 101 

township  clerk  of  moneys  to  be  apportioned,  No.  19 107 

treasurer  of  apportionment,  No.  20 108 

order  upon  assessor  for  payment,  No.  10 104 

request  of  voters  for  special  meeting,  No.  8 104 

17 


130  INDEX. 


Page 
FORMS  FOR  PROCEEDINGS— (Appendix  B)— Continued; 

return  of  notice  by  inhabitant  on  formation  of  district,  No.  8 102 

teacher's  register  of  school,  No.  27 112 

warrant  on  township  treasurer  for  district  moneys,  No.  11 104 

library  moneys,  No.  18 107 

FRACTIONAL  DISTRICTS: 

(See  School  Districts;  also,  Township  Board  of  Inspectors.) 
FREE  SCHOOLS: 

to  be  provided,  con.  prov.,  art.  xiii,  sec.  4,  §  197 7,  72 

FREE  TEXT-BOOKS: 

district  to  vote  on  questions  of  furnishing,  §  193 69 

board  to  purchase  when  authorized,  §  193 70 

make  contract  for  furnishing,  §  198. _ _ 70 

advertise  for  proposals  when  authorized  by  district,  §  198 70 

estimate  amount  necessary  to  purchase,  §  194 70 

incur  penalty  for  failure  to  comply  with  law,  §  196 71 

when  director  to  purchase,  §  195 71 

refusal  to  purchase,  a  misdemeanor,  §  196 _ 71 

to  be  the  property  of  the  district,  §  193 70 

FUNDS: 

educational,  con.  prov.,  art.  xiii,  sees.  2,  3 _ 7 

library,  con.  prov.,  art.  xiii,  sec.  12 _ 9 

teacher's  institute,  §  157 ;       60 

(See  Moneys.) 
GRADED  SCHOOL  DISTRICTS: 

annual  meeting  of ,  §  21 15 

change  to  primary  district,  §  112 45 

notice  of  intention  to  organize,  §§  107,  111 43,  45 

not  limited  to  nine  sections  of  land,  §  110 45 

officers  to  be  elected  by  trustees,  §  108 44 

two  or  more  contiguous  districts  may  organize,  §  111 _ 45 

trustees,  consent  of  to  be  obtained  to  alteration  in  boundaries,  §  110 45 

election  and  term  of  office,  §§  107,  111 44-45 

powers  and  duties  of ,  §3  108, 109 44 

(See  School  Districts.) 
GRADING: 

of  pupils  not  prevented  in  any  district,  §45 _ 24 

in  graded  school  districts,  §  109 44 

GRADES  OF  CERTIFICATES: 

to  teachers,  §  131 _ 51 

HIGH  SCHOOLS: 

maybe  established  in  certain  districts,  §  109 44 

(See  Graded  School  Districts.) 
INCIDENTAL  EXPENSES: 

estimated  by  district  board,  §  86 20 

INDEBTEDNESS: 

of  districts,  §  78.. 84 

(See  Bonds.) 
INDIANS: 

children  of,  when  not  included  in  census,  §  49 26 

INHABITANT,  TAXABLE: 

(See  Taxable  Inhabitant.) 
INSPECTION,  BOARD  OF: 

(See  Board  of  Inspection.) 
INSPECTORS,  BOARD  OF  SCHOOL: 

(See  Township  Board  of  School  Inspectors.) 
INSTITUTE: 

(See  Teachers'  Institutes.) 


INDEX.  131 

Page 


INSTITUTIONS: 

for  deaf,  dumb,  and  blind,  con.  prov.,  art.  xiii,  sec  10 9 

INSTRUCTION: 

Superintendent  of  Public  Instruction  to  have  supervision,  §  1 _. 10 

to  be  conducted  in  the  English  language,  con.  prov.,  art.  xiii,  sec.  4 8 

INTEREST: 

on  bonds  limited,  §  79 35 

judgment  against  district,  §88 - —  38 

money  lost  by  certain  officers,  §§  143,  144 - —  56 

State  funds  for  educational  purposes,  con.  prov.,  art.  xiii,  sees.  2,  8 7 

apportionment  of,  by  State  Superintendent,  §  4 11 

tax  may  be  voted  to  pay,  §  80 35 

JOINT  MEETINGS: 

of  township  boards,  §§  104,  212 42,  78 

school  inspectors,  §  11 12 

JUDGE  OF  PROBATE: 

to  participate  in  filling  vacancy  in  office  of  member  of  board  of  examiners,  §  126 49 

JUDGMENTS: 

against  school  districts,  §§  82-88 36 

execution  not  to  issue  on,  §  84 36 

in  proceedings  to  obtain  site,  §  95 39 

taxes  to  pay,  §  69 32 

JURISDICTION: 

in  actions  against  districts,  §  82 36 

JURY: 

in  proceedings  to  obtain  site,  §§  90,  94 37,  39 

JUVENILE  DISORDERLY  PERSONS: 

commitment  to  reformatory,  §  188 67 

penalties  imposed  upon  parents  of,  in  certain  cases,  §  184 66 

HI       proceedings  in  case  of ,  §  187 67 

•            to  be  sent  to  ungraded  school,  §§  185, 186 _ 67 

who  constitute,  §§  188,190 - 67,68 

KINDERGARTEN: 

act  to  apply  to  other  schools,  §  216 77 

•             children  entitled  to  attend,  §  215 77 

duty  of  district  board,  §  2^3 76 

qualifications  of  teachers,  §  214 77 

LAND: 

when  not  taxed  for  building  schoolhouse,  §  27 18 

proceedings  to  obtain,  for  schoolhonse  site,  §§90-103 87-42 

LAWS: 

relative  to  schools  to  be  published  and  furnished  to  officers,  §  3 10 

LEASE: 

of  a  schoolhouse  site,  §35.... 20 

LEGISLATURE: 

to  provide  for  agricultural  school,  con.  prov.,  art.  xiii,  sec.  11 - 9 

free  schools,  con.  prov.,  art.  xiii,  sec.  4 7 

libraries,  con.  prov.,  art.  xiii,  sec.  12 9 

LIABILITIES: 

assumed  by  township  district,  §  209 - 75 

of  board  of  inspectors  for  neglect,  §  148 56 

county  clerk  for  neglect,  §  144 M 

district  officers,  to  removal,  §  147 57 

parent  for  failure  to  send  child  to  school,  §  184 86 

township  clerk  for  neglect,  §  143 M 

supervisor  for  neglect,  §  146 57 

(See  Penalties.) 


132  INDEX. 


Page 
LIBRARIAN: 

to  be  appointed,  §  117 47 

LIBRARIES: 

books  to  be  purchased  for,  by  district  board,  §§  115,  204 46,  74 

damages  to  books  in,  §116 46 

district  board  may  donate  or  sell  library  books  to  township,  §  125 48 

librarian  of  township,  §  117 47 

provisions  respecting,  §§  113-125 46-48 

tax  for  support  of,  §  124 48 

what  districts  may  establish,  §  118 47 

where  kept,  §  117 '. 47 

fund  for,  apportionment  of ,§  122 48 

expended  by  inspectors,  to  be  accounted  for  to  township  board,  fi  57 29 

forfeitures  of ,  §  121 _ 47 

inspectors  to  apply  for,  §  115 ,. 46 

penal  fines  to  be  applied  to,  con.  prov.,  art.  xiii,  sec.  12 9 

State  Superintendent  to  furnish  statement  of  townships,  etc.,  entitled  to,  §  122. 48 

to  be  used  for  purchase  of  books,  §  128 48 

warrant  on  township  treasurer  for,  §  73 83 

when  not  to  be  forfeited,  §  121 48 

rules  for,  §§  3, 116  (See  Appendix  C) 11,46, 113 

school  officers,  etc.,  not  to  act  as  agents  for  books  for,  g  148 _ 57 

to  be  established,  con.  prov.,  art.  xiii,  sec.  12 9 

township  inspectors  to  report  statistics  of,  §  120 _ 47 

(See  Appendix  C,  for  Rules.) 
LIMIT  OF  INDEBTEDNESS: 

(See  Bonds.) 
LIMIT  OF  TAXES: 

(See  Taxes.) 
MANAGEMENT  OF  SCHOOLS: 

(See  District  Board:  also  Regulations.) 
MAPS: 

of  townships  showing  boundaries  of  districts,  §  61 29 

MEETINGS: 

for  election  of  school  examiners,  §126 49 

examination  of  teachers,  §§  129, 130. f 50,  51 

joint,  of  school  inspectors,  §§  11,  212 12,  76 

township  boards,  §  104 42 

of  board  of  inspectors,  §  58 _ 29 

when  schoolhouse  used  for  public,  §41 22 

(See  District  Meetings.) 
MEMBERS: 

of  board  of  trustees,  §§  107, 198 48,72 

county  school  examiners,  §  126 49 

district  boards,  §  38 _ 20 

State  Board  of  Education,  con,  prov.,  art.  xiii,  sec.  9 8 

township  board  of  school  inspectors,  §§  53,  152 28,58 

MODERATOR: 

acceptance  of  office  by,  §  32 20 

a  member  of  district  board,  §  83 20 

and  assessor  to  audit  and  pay  directors' accounts,  §  48 25 

director  to  approve  bond  of  assessor,  §  52 27 

appointment  of,  §30 _ 19 

pro  tern,  at  district  meetings,  §5  27,  200 17,  78 

election  and  term  of  office,  §§  28, 108 19,  44 

may  be  removed  by  township  board,  §  147 _ 57 

penalty  for  neglect  to  accept  office  or  perform  duties,  §  141.  _ 56 


INDEX. 


133 


Page 
ERATOR-Conf  tntted  : 

to  bring  salt  on  assessor's  bond,  8  47 24 

countersign  warrants  and  orders,  §  47 24 

give  oath  to  challenged  voter,  §  25 16 

preside  and  preserve  order  at  district  meetings,  §  47 24 

(See  District  Board.) 
MONEYS: 

accrued  from  one-mill  tax,  how  used,  §66 31 

apportionment  by  State  Superintendent,  §§  4,  5,  6 11 

to  districts  by  township  clerk,  §§63,  64,  205 30,  75 

board  to  apply  according  to  law,  §38 ; 21 

report  to  annual  meeting  receipts  and  disbursements,  §§  39,  208 21,  75 

collected  on  account  of  neglect  of  officers,  §  145 56 

assessor's  bond,  how  applied,  §  52.. 27 

bond  of  chairman  of  board  of  inspectors,  how  applied,  §  54 28 

county  treasurer  to  apply  for  and  pay,  §  77 1 34 

apportion  library  moneys,  §  122 _ 48 

districts  entitled  to  receive,  §§  27,  56,  66 18,  29,  81 

duties  of  township  treasurer  in  collecting,  §§  65,  69,  74 ....81,  32,  33 

paying,  §§72,74,204 83,74 

for  payment  for  site  deposited  with  county  treasurer,  §§96, 101 89,  41 

library,  apportionment  of,  §  123 48 

derived  from  penal  fines,  con.  prov.,  art.  xiii,  sec.  12 9 

forfeiture  of ,  §  121 47 

inspectors  to  apply  for,  §  115 .' 46 

to  be  used  for  the  purchase  of  books,  §  123 48 

limitations  as  to  borrowing  of ,  §  78 84 

may  be  borrowed  in  certain  cases,  §36. 20 

not  to  be  diverted  except  by  a  two-thirds  vote,  §88 21 

paid  to  teacher  not  having  certificate,  §  88 21 

not  to  be  used  for  sectarian  schools,  §  88 21 

of  a  district  when  divided  to  be  apportioned,  §§  19,  20,  212 14, 15,  76 

officer  making  illegal  use  of ,  to  be  removed,  §  147 57 

orders  for,  5  48 25 

paid  by  old  to  new  districts,  how  applied,  §67 32 

payment  of,  to  fractional  districts,  §74 33 

primary  school  interest  fund,  apportionment  of ,  §§  4,  6,  63,  77 11,  30,  84 

districts  entitled  to  receive,  §§  27,  56 18,  29 

how  constituted,  con.  prov.,  art.  xiii,  sees.  2,  3 t      7 

to  be  used  only  for  teachers'  wages,  §38 21 

when  withheld  from  districts,  con,  prov.,  art.  xiii,  sec.  5 8 

public  moneys,  defined,  §  174 64 

how  to  be  used,  §  176 64 

interest  on,  §177 64 

no  consideration  to  be  received  by  officer  for  deposit  of,  §  178 64 

penalty  for  illegal  payment  of,  §  181 65 

not  to  exempt  from  prosecution  under  general  law,  §  180 65 

to  be  kept  separate  from  all  other  funds,  §  175 „.       64 

raised  by  tax,  how  apportioned,  §84 30 

report  of  receipts  and  disbursements  of,  by  assessor,  §52 27 

district  board,  §§  89,  208 21.  75 

inspectors,  §  57 29 

school  moneys  to  be  paid  next  to  township  expenses,  §  72 38 

surplus  of,  may  be  appropriated  to  certain  objects,  §  17 18 

not  to  be  apportioned  to  districts  employing  unqualified  teachers,  g  56 29 

pay  for  site,  when  deposited  with  county  treasurer,  §  96 39 

(See  Taxes.) 


134  INDEX. 


Page 
MONTH,  SCHOOL: 

of  what  to  consist,  §40.. _ 22 

NAME: 

and  style  of  school  district,  §  14 _ 18 

NEGLECT: 

of  county  clerk  to  transmit  reports,  §  144 _ _ 56 

district  officers,  §  141 _ 56 

inspectors  in  not  reporting,  §  143 _ 56 

parent  or  guardian  to  send  child  to  school,  §  184 66 

supervisor  and  township  clerk  in  regard  to  taxes,  §  146 _ 57 

taxable  inhabitant  to  serve  and  return  notice,  §  140 58 

township  clerk  to  transmit  report,  §  143 56 

NON-RESIDENT: 

pupils,  admission  of ,  §  46 24 

when  may  be  attached  to  district,  §  17 14 

NORMAL  SCHOOL: 

(See  State  Normal  School.) 
NOTICE: 

by  county  treasurer  of  moneys  apportioned,  §  77 34 

State  superintendent  of  apportionment,  §§  4, 122 11,  48 

supervisor  to  treasury  of  taxes  assessed,  §§  68,  70 _ 32,  33 

township  board  of  proceedings  to  remove  from  office,  §  147 _..  57 

clerk  to  supervisor  of  taxes,  §§  62,  205 30,  75 

on  failure  of  a  new  district  to  organize,  §  10 12 

treasurer  of  moneys  in  his  hands,  §§73,  207 83,  75 

in  proceedings  to  obtain  site,  §  92 88 

of  district  meeting,  §  23 15 

apportionment  of  moneys  to  districts,  §63 _ _..  30 

first  meeting  in  a  new  district,  §§  9, 197 12,  71 

formation  of  teacher's  association,  §171 _ 68 

intention  to  vote  on  borrowing  money,  §  81 - 35 

meeting  of  inspectors,  §15 _ 13 

to  form  fractional  districts,  §  11 _ 12 

for  examination  of  teachers,  §  129 51 

to  organize  as  a  graded  school  district,  §  107 44 

meetings  to  be  given  by  director,  §  48 _ 24 

special  meetings  to  indicate  business,  §  22 15 

to  directors  of  moneys  to  be  apportioned,  §  68 '. 30 

•  parent  or  guardian  that  child  does  not  at  tend  school,  §  184 66 

taxable  inhabitant  on  formation  of  district,  §9 12 

teacher  of  intention  to  revoke  certificate,  §  132 52 

OATH: 

by  challenged  voter  at  district  meetings,  §  25 _ 16 

if  false,  deemed  perjury,  §  25.. 18 

of  deputy  superintendent  of  public  instruction  ,§  2 10 

juror  in  proceedings  to  obtain  site,  §94 _ 39 

members  of  board  of  school  examiners,  §  127 _ 50 

to  be  made  to  correctness  of  census  list,  §  49 , 26 

OFFICE: 

acceptance  of ,  to  be  filed,  §§  32, 108, 199 20,  44,  78 

removal  from,  §  147 57 

term  of,  district  officers,  §§  28,  108, 198 - 19,  44,  72 

inspectors,  §  158 58 

members  of  board  of  school  examiners,  §  126 _ _ 40 

State  board  of  education,  con.  prov.,  art.  xiii,  sec.  9 8 

Regents  of  the  University,  con.  prov.,  art.  xiii,  sec.  6 8 

State  officers,  con.  prov.,  art.  viii,  sec.  1 _ 6 


INDEX.  135 


Page 
OFFICERS: 

(See  names  of  the  several  offices.) 
OFFICIAL  BONDS. 

of  assessor,  §52 27 

chairman  of  board  of  inspectors,  §§  54,200.^. 28,73 

county  commissioner  of  schools,  §  127 50 

ONE  MILL  TAX: 

assessment,  collection,  and  disposition  of ,  §66 31 

how  surplus  may  be  applied,  §  27 18 

(See  Taxes.) 
ORDERS: 

of  inspectors  upon  township  treasurer,  £§115,  204_ 48,  74 

on  assessor,  to  be  drawn  and  signed  by  director,  §48.. 25 

countersigned  by  moderator,  §47 24 

to  be  paid  from  proper  funds,  §52.. 27 

(See  Warrants;  also  Moneys.) 
ORGANIZATION: 

of  a  new  district,  §§  8-13 12,13 

graded  school  district,  §§  107-112 43-48 

township  district,  §§  197-212 71-76 

(See  School  Districts;  also  Township  Board  of  Inspectors.) 
PARENTS  AND  GUARDIANS: 

entitled  to  vote,  §  24 16 

liability  for  not  sending  children  to  school,  §  184 66 

proceedings  against  for  failure  to  send  children  to  school,  §  187 67 

required  to  send  children  to  school,  §182 66 

to  be  notified  by  truant  officers,  §  184 «6 

PENALTIES  AND  FORFEITURES: 

for  damages  to  library  books,  §  116 48 

illegal  payment  of  public  moneys,  §  181 65 

neglect  to  teach  prevention  of  diseases,  §  222 79 

moneys  collected  for,  how  applied,  §  145 58 

on  county  clerk  for  not  transmitting  reports,  §144 58 

district  for  not  maintaining  three  months'  school,  con.  prov.,  art.  xiii,  §  5 8 

certain  length  of  school,  §§  27,  66,  204 18,  31,  74 

officers  for  neglect  to  accept  office  or  perform  duties,  §  141 56 

inspectors  for  not  qualifying  or  neglecting  duties,  §  142 58 

reporting,  §  143 56 

supervisor  and  clerk  for  neglect  in  regard  to  taxes,  §  146 57 

taxable  inhabitant  for  neglect  of  duties  in  formation  of  district,  §140 • 58 

township  clerk,  for  neglect  in  transmitting  reports,  §  148 56 

township  board  to  remove  certain  officers,  §147 57 

parent  or  guardian  failing  to  send  child  to  school,  §184 68 

PERJURY: 

falseoath  deemed,  §25 17 

PHYSIOLOGY  AND  HYGIENE: 

director  to  file  copy  of  teacher's  certificate  of  instruction  with  township  clerk,  §  42 21 

penalty  for  failure  of  district  board  to  comply  with  statute,  §  42 21 

teacher  to  certify  whether  instruction  has  been  given  in,  §  42 21 

text-books  to  be  adopted  by  district  board,  §  42 22 

approved  by  State  Board  of  Education,  §3  42. 192 22,  69 

to  be  taught  by  all  public  schools  in  the  State,  §42 22 

POLL- LIST: 

to  be  kept  when  voting  on  issuance  of  bonds,  §78 85 

POOR  CHILDREN: 

to  be  furnished  with  text- books,  §48 21 

PRESIDENT: 

of  University,  con.  prov.,  art.  xiii.  sec.  8 8 


. 


136  INDEX. 


Page 

PRIMARY  SCHOOLS: 
(See  Schools.) 
PRIMARY  SCHOOL  INTEREST  FUND: 

apportionment  of ,  §  4 11 

when  reports  are  defective,  §  5  B 11 

deficiencies  may  be  paid,  §  6 11 

to  districts,  §§  63,  204 30,74 

constitutional  provisions  respecting,  art.  xiii,  sees.  2,  3 _ 7 

county  clerk's  duties  in  relation  to  apportionment  of,  §78 _ ._ 34 

treasurer's  duties  in  relation  to  apportionment  of ,  §  77 _ 84 

school  to  be  maintained  three  months  to  secure,  con.  prov.,  art.  xiii,  sec.  5 8 

certain  time  to  secure,  §  27 18 

to  be  used  only  for  teacher's  wages,  §  38 21 

PROCEEDINGS; 

against  school  districts,  §§  82-88 36 

for  removal  of  officers,  §  147 _ 57 

to  obtain  site  for  schoolhouse,  §§  89-103 _ 37-41 

upon  appeal  from  action  of  inspectors  to  township  board,  §§  104-106 _ 42,  43 

PROPERTY: 

of  district,  care  and  preservation  of,  §§  41, 109. 22,  45 

sale  of,  may  be  directed  by  voters,  §  27 18 

when  may  be  by  inspectors,  §19._ 14 

when  district  is  divided,  to  be  apportioned,  §§  19,  20 14, 15 

township  is  divided,  to  be  apportioned,  §  212 76 

teachers'  associations,  §  172 _ 64 

PROSECUTION: 

(See  Actions,  Proceedings,  also  Suits.) 
PUBLIC  INSRUCTION: 

(See  Superintendent  of  Public  Instruction.) 
PUBLIC  MEETINGS: 

when  may  be  admitted  to  school  house,  §41 22 

PUBLIC  MONEYS: 

(See  Moneys.) 
PURCHASE: 

of  apparatus  and  appendages  to  schoolhouse,  §  48 25 

books  for  library,  §  115 46 

poor  children,  §  43 23 

records  of  district,  §  34 20 

school  site  or  schoolhouse,  §§  35,  204 20,  74 

PUPILS: 

admission  of ,  to  schools,  §§  45,  46, 109,  215 23,24,44,77 

classification,§§  45,109 23,44 

tuition  of  non-resident,  §46 24 

when  may  be  suspended  or  expelled,  §  44  ; 23 

who  may  be,  §45 23 

QUALIFICATIONS: 

of  voters  at  district  meetings,  §  24 ^ 16 

QUESTIONS: 

for  examination  of  teachers,  §  130 _ - - 51 

RECORD: 

director  to  keep,  of  proceedings,  §§9,48 _ 12,  24 

of  acceptance  of  office,  §  32. _ 20 

board  of  school  examiners,  §  133 53 

certificates  to  teachers,  §  133 58 

consent  of  trustees  to  alter  graded  school  district,  §  110 45 

director,  to  be  evidence  of  organization  of  district,  §  13 13 

inspectors,  to  be  kept  in  office  of  township  clerk,  §§  59,  219 2S,  74 


INDEX.  137 


Page 
R  ECORD—  Continued : 

pupils,  to  be  kept  by  teacher,  §  40 22 

removals  from  office,  §  147 57 

report  of  taxes  to  annual  meeting,  §§  89,  208 21,  75 

REGENTS: 

of  the  University,  con.  prov.,  art.  xiii,  §§  6,  7 8 

REGISTER: 

of  school  to  be  kept  by  teacher,  §  40 22 

REGULATIONS: 

at  election  to  vote  on  issuance  of  bonds,  §  78 84 

for  government  of  schools,  §§  44,  204 23,74 

libraries,  §  116 46 

REMOVAL: 

from  district  to  vacate  office,  §  29 19 

of  house  from  leased  site,  §  35 20 

officers  by  township  board,  §  147 57 

in  graded  school  districts,  §  108 44 

REPAIRS: 

(See  School  Houses.) 
REPORT: 

liability  of  officers  for  failing  to  report,  §§  148, 144 56 

of  board  to  annual  meeting,  §§  39,  208 21,  75 

township  clerk,  of  taxes,  §§  62,  205 30,  75 

chairman  of  board  of  school  inspectors,  §  134 _ 54 

director  to  inspectors,  §  50 _ 26 

how  treated  if  false,  §  56 _ 29 

where  filed,  §  59 29 

to  whom  made  in  fractional  districts,  §  51 26 

inspectors  to  county  clerks,  §§  55, 120 : 28,  47 

of  inspectors,  county  clerks'  duties  In  relation  to,  §  76 34 

to  township  board  of  finances,  §§  57,  208 29,  75 

county  commissioner  of  schools,  §  183 58 

Superintendent  of  Public  Instruction,  §  1 10 

supervisor  to  township  treasurer  of  taxes  assessed,  §  69 32 

township  clerk  to  treasurer  and  directors  of  moneys,  §§  63,  84 90 

REQUEST: 

to  call  special  meetings,  §§  22,  202 15,74 

RESIDENTS: 

ceasing  to  be,  vacates  office,  §  29 19 

exceptions  of,  in  school  census,  §  49 26 

notified  of  first  meeting  in  a  new  district,  §9 12 

petition  for  organization  of  new  district,  change  from,  §  197 71 

qualifications  of,  to  vote  at  district  meetings,  §  24 16 

rights  of,  to  attend  school,  §  45 23 

RETURN: 

of  notice  of  first  meeting  on  organization  of  district,  §9 12 

REVOCATION  OF  TEACHER'S  CERTIFICATE: 

by  board  of  school  examiners,  §  132 52 

State  Board  of  Education,  §§  167, 168, 170 -62,63 

RULES: 

(See  Regulations.) 
RULES  AND  LIBRARIES: 
(See  Appendix  C.) 
SALE  OF  PROPERTY: 

directed  by  district,  §  27 18 

when  by  inspectors,  §  19 14 

district  board,  §  35...                                                                                                          ....  20 

18 


138  INDEX. 


Page 
SCHOLARS: 

(See  Pupils:) 
SCHOOL: 

admission  of  resident  pupils  to,  §  45 _ 23 

non-resident  pupils  to,  §46 24 

agricultural,  to  be  provided  for,  con.  prov.,  art.  xiii,  sec.  11 _ 9 

board  to  establish  regulations  for,  §§44,  204 23,  74 

prescribe  text-books,  §  42 _ 22 

provide  for  minimum  length  of  time  of,  §§  27,  204.... 18,  74 

examination  of,  §  183 53 

maybe  graded,  §§ 45, 109 24,44 

not  to  be  sectarian,  §  88 21 

separated  on  account  of  race,  §45 _ 24 

penalty  for  disturbing,  §  44 _ : 23 

register  of,  to  be  kept  by  teachers,  §  40. 22 

statistics  of,  to  be  reported  by  director,  §  50 _ 26 

support  of,  taxes  to  be  estimated  and  voted  by  board,  §§  38,  205 _ 20,  74 

suspension  or  expulsion  of  pupils  from,  §  44 23 

time  necessary  to  be  maintained,  §§  27,  66,  204 — 18,  31,  74 

to  be  free,  con.  prov.,  art.  xiii,  sec.  4,  §  197 _ 7,  72 

maintained  at  least  three  months,  con.  prov.,  art.  xiii.,  sec.  5 8 

ungraded,  to  be  established  in  certain  cases,  §  185 67 

visitation  and  examination  of ,  §  133 53 

SCHOOL  BOARD: 

(See  District  Board.) 
SCHOOL  BOOKS: 

(See  Text-books.) 
SCHOOL  CENSUS: 

when  and  how  taken,  §  49 25 

time  of  taking,  not  to  be  changed,  §  21 15 

SCHOOL  DISTRICTS: 

alterations  in  to  be  reported  to  director,  §  18 14 

when  consent  of  taxpayers  to  be  obtained,  §  16 14 

annual  report  of,  §§  39,  208 21,  75 

appeal  from  inspector's  action  in  forming,  dividing,  or  consolidating  of,  §§  104-106 42,  43 

change  from  primary  to  graded,  §  112 46 

corporate  powers  of,  §  14 13 

division  of  property  in  forming  new  from  old,  §  19 14 

formation  of,  §§  8-13 12, 18 

fractional,  formation  of,  §  11 12 

judgments  against,  §87 86 

levying  and  collecting  taxes  in,  §  68 32 

graded  school  districts,  §§  107-112 43-46 

map  showing  boundaries  to  be  made,  §61 29 

may  borrow  money  in  certain  cases,  §86 _ 21 

to  pay  indebtedness,  §  78 34 

vote  to  pay  money  borrowed,  §  81 35 

meetings  of  ,§§  21,  27,  200 _ 15-18,73 

inoneys  to  be  apportioned  to,  §§  68,  64 _ 

when  paid  by  old  to  new,  §  67 

name  and  style  of,  §  14.. 13 

suits  and  judgments,  §§  82,  88 36 

to  be  numbered  by  inspectors,  §8 _ - 12 

contain  no  more  than  nine  sections  of  land,  §  8 12 

not  receive  moneys  when  employing  unqualified  teachers,  §56 29 

township  organization  of,  §§  197,  212 71,  76 

what  districts  may  organize  as  graded,  §§  107,111 43,  45 


INDEX.  139 

Page 
SCHOOL  DISTRICTS-Conftnued; 

when  deemed  legally  organized,  §  12 13 

when  persons  outside  may  be  attached,  §  17 14 

who  to  appear  in  suits  for  or  against,  §52 27 

(See  District  Meetings;  also  Voters.) 
SCHOOL  EXAMINERS: 

(See  County  Board  of  School  Examiners.) 
SCHOOL  FUNDS: 

(See  Moneys.) 
SCHOOL-HOUSES: 

appendages  to,  district  to  vote  tax  for,  §  27 18 

director  to  provide,  §  48 _ 25 

board  to  procure,  §§  85,  204 20,74 

bonds  may  be  issued  to  build,  §78 34 

building  committee  may  be  appointed  to  supervise  building  of,  §  27 18 

district  to  direct  the  procuring  of ,  §  27 17 

limitation  of  indebtedness  to  build,  §  78 34 

repairs  to,  §  27 18 

site  for,  to  be  purchased  or  leased,  §§  27,  35,  204 17,  20,  74 

tax  for  building,  limited,  §§  27,  205 18,  75 

repairing,  limited,  §  27 18 

to  be  in  care  of  district  board,  §  41 1 22 

when  certain  persons  not  liable  to  tax  for  building,  §  17 _ 14 

land  not  taxed  for  building,  §  27 18 

not  needed  may  be  sold,  §§  19,  27,  35 14, 18,  20 

opened  or  closed  to  public  meetings,  §41 22 

8CHOOLHOU8E  SITES: 

(See  Sites  for  Schoolhouses.) 
SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 
SCHOOL  LAWS: 

to  be  published,  §  3 10 

SCHOOL  MONEYS: 

(See  Moneys.) 
SCHOOL  MONTH: 

of  what  to  consist,  §  40 22 

SCHOOL  PROPERTY: 
(See  Property.) 
SCHOOL  TAXES: 

(See  Taxes.) 
SCHOOL  TEACHERS. 
(See  Teachers.) 
SCHOOL  YEAR: 

when  to  commence,  §21 15 

SECTARIAN  SCHOOLS: 

not  to  receive  public  moneys,  §  38 21 

SHERIFF: 

to  remove  respondent  from  school  property,  §  98 40 

SITES  FOR  SCHOOLHODSES: 

board  to  purchase  or  lease,  §§  35,204 20,74 

claims  against  settled  by  circuit  judge,  §  100 41 

compensation  for,  how  determined  in  certain  cases,  §94 39 

how  designated,  §  89 37 

issuance  of  bonds  for  purchase  of ,  §  78 84 

lease  or  purchase  of,  §§  27,35,204 17,20,74 

notice  of  meeting  to  change,  §  23 —       15 

proceedings  to  obtain,  §§  89-108...  37-41 


140  INDEX. 


Page 
SITES  FOR  SCHOOLHOUSES-Conftnwed: 

to  be  selected  by  a  two-thirds  vote,  §  89 87 

voters  to  direct  the  procuring  of,  §  27 17 

when  not  needed  may  be  sold,  §§  19,  35 _ 14,  20 

SPECIAL  MEETINGS: 

(See  District  Meetings.) 
STATE  BOARD  OF  EDUCATION: 

constitutional  provision  for,  art.  xiii,  sec.  9.. _ 8 

may  refuse  to  accept  diplomas  from  certain  colleges,  §  220 78 

to  grant  diplomas  to  graduates  of  State  Normal  School,  §§  167, 168 62 

certificates  to  graduates  of  colleges,  §  218... 78 

State  certificates  to  teachers,  §  170 68 

STATE  BOARD  OF  HEALTH: 

furnish  data  regarding  communicable  diseases,  §  221 _ _ 79 

STATE  CERTIFICATES: 

when  granted  by  State  Board  of  Education,  §  170 63 

to  graduates  of  State  Normal  School,  §§  167, 168 62 

certain  colleges,  §  218 78 

STATE  INSTITUTIONS  OF  EDUCATIONAL  CHARACTER: 

to  be  under  supervision  of  State  Superintendent,  §  l._ 10 

STATE  NORMAL  SCHOOL: 

diplomas  and  certificates  to  graduates  of,  §§  167, 168 62 

professional  instruction  in,  §  165 62 

to  be  under  care  of  State  Board  of  Education,  con.  prov.,  art.  xiii,  sec.  9 9 

training  school  in,  §  166 _ 62 

STATE  OFFICERS: 

election  and  term  of  office  of,  etc.,  con.  prov.,  art.  viii,  sees.  1-3 6 

STATE  TEACHERS  INSTITUTE: 

to  be  held  annually,  §  162 61 

expenses  of,  how  paid,  §  162 61 

STATEMENT: 

(See  Notices,  also  Reports.) 
STATE  UNIVERSITY: 

diplomas  and  certificates  to  graduates,  §  284 _ 77 

STUDIES: 

to  be  prescribed,  §42 22 

SUITS: 

and  judgments  against  districts,  §§  82-88 36 

assessor  to  appear  for  district,  §52.. _ _. 27 

directions  given  by  meeting  in  regard  to,  §  27 _ 18 

for  collection  of  penalties,  etc.,  §§  144, 147 54 

jurisdiction  of  justices  in,  §  82 38 

may  be  brought  for  or  against  school  districts,  §  14 13 

not  brought  to  collect  judgment,  §  84 36 

on  assessor's  bond,  §  52 _ _ 27 

bond  of  chairman  of  board  of  inspectors,  §  54 28 

summons  in,  served  on  assessor,  §83 36 

when  moderator  may  appear  in  for  district,  §  52 _ 27 

(See  Action,  Judgments,  also  Proceedings.) 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

duties  of,  con.  prov.,  art.  xiii,  sec.  1 10 

relative  to  apportionment  of  primary  school  moneys,  §§  4,  6 11 

election  and  term  of  office  of,  con.  prov.,  art.  vii,  sees.  1,  2 6 

may  appoint  cond actors  of  teacher's  institutes,  §  159 60 

to  appoint  a  deputy,  §  2 10 

be  a  member  and  secretary  of  State  Board  of  Education,  con.  prov.,  art.  xiii,  sec.  9 9 

deliver  official  books,  etc.,  to  successor,  §  7 11 


INDEX. 


141 


Page 
TERINTENDENT  OF  PUBLIC  INSTRUCTION-Confmned: 

draw  on  State  treasurer  for  expenses  of  State  teacher's  institute,  §  162 61 

have  general  supervision  of  public  instruction,  §  1 10 

hold  county  teacher's  institutes  annually,  §  158 60 

make  annual  reports  to  legislature,  §  1 10 

prepare  questions  for  examination  of  teachers,  g  130 51 

prescribe  forms  of  teacher's  certificates,  §  130 51 

rules  for  boards  of  school  examiners,  §  131 51 

publish  and  transmit  laws  and  forms  to  officers,  §  3 11 

send  examination  questions  to  examining  officers,  sec.  130 51 

visit  State  institutions,  etc.,  §  1 10 

vacancy  in  office,  how  filled,  con.  prov.,  art.  viii,  sec.  8 _ 6 

when  may  draw  on  State  Treaturer  for  aid  to  teacher's  institutes,  §  161 61 

where  office  shall  be  kept,  con.  prov.,  art.  viii,  sec.  1 ,.  6 

SUPERVISION  OF  SCHOOLS: 

(See  County  Board  of  School  Examiners,  also  Chairman  of  Board  of  Inspectors.) 
SUPERVISOR: 

certifying  and  levying  of  taxes  in  fractional  districts,  §  68 > 32 

equalization  of  taxes,  §  68 32 

liable  for  not  assessing  taxes,  §  146 57 

map  of  township  to  be  filed  with,  §  61 30 

to  assess  judgment  against  school  district,  §  88 36 

one  mill  tax,  §  66 31 

school  taxes,  §§  65,  205 30,  75 

deliver  warrant  for  collection  of  taxes  to  township  treasurer,  §  69 82 

township  clerk  to  certify  taxes  to,  §§  62,  205 30,  74 

(See  Taxes.) 
SUPREME  COURT  DECISIONS: 

(See  Digest  of  Supreme  Court  Decisions.) 
SURPLUS  OF  DOG-TAX: 

how  apportioned,  note 80 

SURPLUS  OF  SCHOOL  MONEY: 

how  may  be  appropriated,  §  27 18 

SUSPENSION: 

of  pupils  from  school,  §44 23 

teacher's  certificates,  §  132 52 

TAXABLE  INHABITANT: 

duties  in  relation  to  formation  of  district,  §  9 12 

penalty  for  neglect  of  duty,  §  140 56 

TAXES: 

apportionment  of  surplus  dog-tax,  note 80 

when  district  is  divided,  §  71,  212 33,  76 

assessed  upon  division  of  district,  §  62 30 

assessment  of,  §§  65,  66,  210 30,  81,  76 

certifying  of,  in  fractional  district,  §  68 32 

duties  of  township  treasurer  relative  to  collection  of,  §§65,  70 31,  83 

equalization  of ,  §  68 32 

estimated  and  reported  by  district  board,  §§  36,  205 20,  75 

failing  to  be  assessed,  to  be  levied  the  next  year,  §  65 31 

for  apparatus  and  appendages  to  schoolhonse,  §27 18 

books  for  indigent  children,  §  43 28 

building  schoolhonse  or  purchase  of  site,  §  27 17 

incidental  expenses,  §  36 20 

judgment  against  district,  §  88 

libraries,  g  124... 

repairs  to  schoolhouse,  §  27 18 

school  purposes  to  be  paid  next  to  township  expenses,  §  72 

' 


142  INDEX. 


Page 
TAXES-Conttrmed; 

for  State  expenses,  con.  prov.,  art.  xiv,  see.  1 9 

in  township  before  any  school  is  maintained,  §  68 31 

limit  of,  for  certain  purposes,  §§  27,  205.. _ 18,  75 

snpport  of  the  school,  §  36 _ 21 

moneys  raised  by,  not  to  be  diverted,  §  38 21 

non-taxpayers  not  to  vote  on  questions  involving  taxation,  §  24 16 

one-mill  assessment,  collection  and  disposition  of,  §  66 31 

how  surplus  may  be  applied,  §  27 18 

on  old  district  for  new,  §  87 ...       31 

report  of,  by  board  to  township  clerk,  §  37 21 

township  clerk  to  supervisor,  §§  62,  205 _ 80,  75 

supervisor  to  assess,  §§  65,66,  205 30,81,75 

liability  of,  for  not  assessing,  §  146 57 

school,  in  separate  column,  §  206 75 

specific,  con.  prov.,  art.  xiv,  sec.  1 9 

to  pay  money  borrowed,  §  80 35 

township  treasurer  to  pay  to  other  treasurer,  §§  74,  207 33,  75 

warrant  for  collection  of,  §  69 32 

what  land  exempt  from,  for  building  schoolhouse,  §  27 18 

when  collected,  how  apportioned,  §  64 1 30 

reported  to  supervisor,  §§  62,  205 80,75 

who  may  vote  on  questions  involving  taxation,  §  24 16 

(See  Moneys,  also  Supervisor.) 
TEACHERS: 

certificates,  fees  to  be  paid  on  obtaining,  §  156 , 59 

given  by  county  board  of  school  examiners,  §  130 51 

faculty  of  University,  §  217 77 

State  Board  of  Education,  §  170 63 

graduates  of  certain  colleges,  §§  218, 220 78,  79 

Normal  School,  §§  167, 168..... 62 

grades  of,  and  qualifications  necessary  to  obtain,  §  181 .._ 51 

necessity  of  having,  to  entitle  teacher  to  pay,  §  38 21 

record  of,  to  be  kept,  §  133 53 

revocation  or  suspension  of,  §§  182, 170,  217 52,  68,  77 

close  school  to  attend  institute,  §  159 60 

contracts  with,  §§  40, 109 22,45 

employment  of ,  §§  40, 109,  204 ......22,  45,  74 

examination  of,  by  county  board  of  examiners,  §§  129, 130 _ 50,  51 

State  Board  of  Education,  §  170 63 

give  instruction  regarding  prevention  of  communicable  diseases,  §  221 _..       79 

list  of,  to  be  furnished  township  clerk,  §  183 53 

examined  by  inspectors,  §  56 29 

not  to  act  ae  agent  for  school  books  and  furniture,  §  148 57 

apply  in  certain  districts,  §  149 57 

public  money  not  to  be  paid  to,  without  holding  certificates,  §  88 21 

qualifications  of,  §  214 77 

to  be  furnished  with  copy  of  contract,§  40 22 

file  certificate  of  instruction  in  physiology,  etc.,  with  director,  §  42 28 

keep  school  register,  §  40 22 

TEACHERS'  ASSOCIATIONS: 

formation  and  incorporation  of,  §§  171, 178. _ 68,  64 

TEACHERS'  INSTITUTES: 

aid  from  State  Treasurer  to,  §  161 61 

annual  institute  in  each  county,  §  158 60 

conductor  of,  may  be  appointed,  §  159 60 

counties  may  be  united  in,  §  158...  60 


INDEX. 


143 


Page 
TEACHERS'  INSTITUTES— Continued ; 

expenses  of,  how  paid,  g  160 60 

vouchers  for,  where  filed,§163 61 

funds  for  support  of,  how  raised,  gg  156, 157 59 

State  institute  to  be  held  annually,  g  162 61 

expenses  of,  paid  from  State  treasury,  §  162 61 

teachers  may  close  school  to  attend,  §  159 60 

TERM  OF  OFFICE: 

of  district  officers,  §§  28,107,198 19,44,72 

members  of  board  of  school  examiners,  §  126 49 

State  Board  of  Education,  con.  prov.,  art.  xiii,  sec.  9 8 

Regents  of  the  University,  con.  prov.,  art.  xiii,  sec.  6 8 

State  officers,  con.  prov.,  art.  viii,  sec.  2 7 

township  officers,  g§  153, 154, 198 58,  59,  72 

TEXT-BOOKS: 

district  to  vote  on  question  of  furnishing,  §  193 70 

board  to  purchase  when  authorized,  g§  1»2, 198 89,  70 

make  contract  for  furnishing,  §  193 70 

advertise  for  proposals  when  authorized  by  district,  §  193 70 

estimate  amount  necessary  to  purchase,  g  194 i —       70 

incur  penalty  for  failure  to  comply  with  the  law,  g  196 71 

to  be  the  property  of  the  district,  §  193 70 

when  board  to  purchase,  §  195 71 

to  be  furnished  to  indigent  children,  g  43 23 

prescribed  by  district  board,  g  42 22 

on  physiology  and  hygiene  to  be  approved  by  State  Board  of  Education,  g  42 22 

TOWNSHIP  BOARD: 

duties  of  in  case  of  appeal  from  inspector's  action,  g§  104-1C6 42,  43 

may  remove  certain  officers,  §  147 57 

to  allow  accounts  of  inspectors,  g  57.. 29 

TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS: 

appeal  from  action  of,  to  township  board,  gg  104, 106 42,  43 

chairman  and  clerk  of ,  g  53 28 

to  be  treasurer  of,  and  give  bond,  g  54 28 

clerk  of,  to  notify  directors  of  alterations  in  district,  g  18 14 

taxable  inhabitant  of  formation  of  district,  g  9 12 

director  to  report  to,  g  50 26 

dutiee  of,  concerning  libraries,  gg  118-125 46-48 

in  forming  fractional  districts,  g  11 12 

liability  for  neglect  to  report,  g  143 56 

library  money  subject  to  order  of,  gg  72,  204 33,  74 

may  attach  certain  non-residents,  g  17 14 

member  of ,  may  be  removed  by  township  board,  g  147 57 

notice  and  number  of  meetings,  gg  15,  58,  202 13,  29,  74 

on  determining  site  to  certify  to  director,  g  89 87 

penalty  for  neglect  to  qualify  or  perform  duties,  g  142 56 

records  of,  kept  in  office  of  township  clerk,  g  59 29 

reports,  abstracts  of ,  g  1 10 

examination  of,  by  county  commissioner  of  schools,  g  183 58 

to  be  made  in  triplicate,  £  55 28 

restricted  in  altering  boundaries  of  graded  school  districts,  g  110 45 

tax  determined  upon  division  of  a  district,  g  19 14 

to  account  to  township  board  for  funds  received  and  disbursed,  g  57 29 

apply  for  library  moneys,  gg  115,  204 46,74 

alter  boundaries  of  districts,  gg  8, 16 12, 14 

apportion  property  on  division  of  a  district,  gg  19,  20,212 14, 15,  76 

certify  facts  relating  to  employment  of  unqualified  teachers,  g  56 29 


144  INDEX. 


Page 
TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS-Conttnwed  ; 

to  divide  township  into  school  districts,  §  8 12 

examine  list  of  teachers  before  reporting  to  connty  clerk,  §  56 29 

have  care  of  township  library,  §  116 : 46 

number  districts,  §  8 12 

purchase  books  for  township  library,  §§  115,  204 46,74 

township  clerk  to  transmit  reports  of,  to  county  commissioner  of  schools,  §  55 28 

when  may  appoint  district  officers,  §§  30, 108 19,  44 

attach  persons  to  districts,  §  17 14 

sell  schoolhonse  site,  §  19 14 

to  determine  site,  §§  89,  204 85,74 

who  to  constitute  board,  §§  53,  203 28,  74 

TOWNSHIP  CLERK: 

a  member  and  clerk  of  board  of  inspectors,  §§  53,  59,  200 28,  29,  73 

duties  of ,  as  inspector,  §§  59,  200 29,73 

election  and  term  of  office  of,  §§  152, 154 58,  59 

liability  for  neglect  in  transmitting  reports,  §  143 _ 56 

not  reporting  taxes  to  supervisor,  §  146 57 

to  apportion  moneys  to  districts,  §§  63, 64 30 

approve  and  file  bond  of  chairman  of  board  of  inspectors,  §  54 28 

bond  of  appellants  from  inspector's  action,  §  105 42 

be  furnished  with  list  of  teachers,  §§  133,  208. _ 53,75 

bring  suit  on  bond  of  chairman  of  board  of  inspectors,  §  54 28 

certify  taxes  to  supervisor,  §§  62,  205 30,75 

file  map  of  township  with  supervisor,  §  61.. ._ 80 

forward  inspector's  reports  to  county  commissioner  of  schools,  §  55 28 

give  notice  of  meeting  of  inspectors,  §  15 13 

formation  of  new  district,  §§  9, 10, 197 12,  71 

to  directors  of  moneys  apportioned,  §  84 30 

keep  records,  reports,  books,  etc.,  on  file,  §§  59,  208 _ 29,  75 

make  map  of  township  showing  boundaries  of  districts,  §  61 29 

not  act  on  township  board  in  case  of  appeal  from  inspectors,  §  106 43 

notify  county  clerk  of  chairman  of  board  of  inspectors,  §  60 29 

director  of  alterations  in  district,  §  18 14 

record  order  for  removal  of  officer,  §  147 57 

proceedings  of  board  of  inspectors,  §  59 29 

receive  and  dispose  of  communications,  §  59 _ 29 

report  taxes  to  supervisor,  §§  62,  205 80,75 

transmit  to  county  commissioner  of  schools  reports  of  inspectors,  §  55 28 

(See  Township  Board  of  School  Inspectors.) 
TOWNSHIP  SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 
TOWNSHIP  DISTRICT: 

organization  of,  §§  197-212 _ 71-76 

board,  compensation,  §  211 _ _ _ 76 

duties  of,  §  204 74 

meeting  of,  time  and  place,  §§  200,  202 78,  74 

officers  of ,§  198 72 

report  of ,  §  208 75 

amount  of  tax  voted,  §  205 75 

disposition  of  property,  §  209.. _ 75 

division  of  district,  §  212 76 

TOWNSHIP  LIBRARY: 
(See  Libraries.) 
TOWNSHIP  TREASURER: 

duties  in  relation  to  taxes  in  fractional  districts,  §§  70,  74 38 

election  and  term  of  office  of,  §§  152, 154...  56 


INDEX. 


145 


Page 
TOWNSHIP  TREASURER-Con«nu«d: 

to  apply  to  county  treasurer  for  moneys,  §  73 33 

Jive  notice  to  township  clerk  of  moneys,  §§  73,  74 33 
aid  moneys  subject  to  proper  orders  and  warrants,  §  72 33 
ay  library  moneys  to  inspectors,  §§  115,  204. 46,  74 
school  taxes  next  to  township  expenses,  §  72 33 
ver  penalties,  etc.,  from  certain  officers,  §§  148, 145 : 58 
•ant  for  collection  of  taxes,  §§69,70 32,33 
•ants  on,  to  be  signed  by  director  and  moderator,  §§  47,  48 24,  25 
(See  Moneys,  also  Taxes.) 
jii^aoURER,  COUNTY: 

(See  County  Treasurer.) 
TREASURER  OF  BOARD  OF  SCHOOL  INSPECTORS' 

(See  Chairman  of  Board  of  School  Inspectors.) 
TREASURER  OF  DISTRICT: 

(See  Assessor.) 
TREASURER,  TOWNSHIP: 

(See  Township  Treasurer.) 
TRIAL: 

(See  Action,  Proceedings,  also  Suits.) 
TRUANTS: 

duty  of  State  agent,  §  191 69 

sent  to  reformatory  institutions  in  certain  cases,  §§  188,  206 67,  69 

tried  by  justices  or  recorder,  §§187,  206. _ 67,68 

ungraded  school  to  be  provided  for,  §  185 _ 67 

who  shall  be  deemed,  §§  186, 190 67,68 

TRUANT  OFFICERS: 

duty  to  enforce  compulsory  educational  laws,  §  184 66 

examine  into  cases  of  truancy,  §  190 64 

institute  proceedings  in  certain  cases,  §  188 _ 67 

make  complaints  in  truancy  cases,  §  187 67 

warn  truants  and  their  parents  or  guardians,  §  184 66 

how  appointed,  §  183 66 

TRUSTEES,  BOARD  OF: 

(See  Board  of  Trustees.) 
TUITION: 

may  be  charged  for  studies  in  high  school,  §  109 44 

of  non-resident  pupils,  §  46 24 

UNGRADED  SCHOOLS: 

juvenile  disorderly  persons  to  be  sent  to,  §  186 67 

may  be  established  in  graded  school  districts,  §  185 67 

UNION  SCHOOL  DISTRICT: 

(dee  Graded  School  District.) 
UNITED  STATES  FLAGS: 

purchase  of,  §  225 80 

UNIVERSITY: 

constitutional  provisions,  art.  xiii,  sees.  6,  8 . 8 

diplomas  and  certificates  to  graduates,  §217 77 

VACANCY: 

in  board  of  school  examiners,  §  126 49 

trustees  of  graded  school  district,  §  108 44 

township  school  district,  §201 73 

district  offices,  how  occasioned  and  filled,  §§  29,  30 19 

office  of  regent,  con.  prov.,  art.  xiii,  sec.  6 8 

county  commissioner  of  schools,  137 55 

State  officers,  con.  prov.,  art.  viii,  sec.  8 7 

(See  Appointment.) 
19 


146  INDEX. 


Page 
VENIRE: 

in  proceedings  to  obtain  site,  §§  91,  93 37,  38 

VISITATION: 

and  examination  of  schools,  §§  133,  204 53,74 

VOTERS: 

challenge  of ,  §  25 16 

whoare  qualified,  §  24 _ - 16 

(See  District  Meetings.) 
VOUCHERS: 

for  accounts  of  inspectors,  §57 29 

expenditures  by  assessor,  §  52 -' 

payments  at  teachers'  institutes,  §  163 - 61 

WARRANTS: 

on  State  Treasurer  for  primary  school  interest  fund,  sec.  4 _ 11 

township  treasurer,  §§47,48,72 24,33 

to  township  treasurer,  for  collection  of  taxes,  §§  69,  70 82,  33 

(See  Orders,  also  Township  Treasurer.) 
WITNESSES: 

in  proceedings  to  obtain  site,  §  94 _ 39 

WOMEN: 

eligible  to  election  to  district  offices,  31 - 20 

office  of  school  inspector,  §  155 _ 59 

qnalifiedas  voters  at  district  meetings,  §  24 16 

YEAR,  SCHOOL: 

when  to  commence,  §  21 15 


